KAMDHENU ISPAT LIMITED - Securities and Exchange Board of India

III. OUTSTANDING LITIGATIONS INVOLVING PROMOTER’S/ DIRECTOR’S GROUP COMPANIES
The following are the litigations pending against the Group Companies
Raghuveer Metals Industries Limited
Excise Duty
ASSESSMENT YEAR
2002-2003
Order in original no. 59/
CE/JP-II/ 2003 dated
3.10.2003.
2002-2003
Appeal no. CA.No.
D5644/2002 and
Appeal no. CA No.
5676/2002 dated
23.09.2002 before the
Supreme Court
Service Tax
ASSESSMENT YEAR
2004-05
Order in original no. 38/
ST/2005 dated
10.06.2005
2004-05
Show cause notice C.
No. V (ST) 80/AJM/
2005/2089 dated
16.03.2005
PARTICULARS
The order was passed by the
Commissioner of Central Excise,
Jaipur-II, imposing a penalty u/s 3A
of the Central Excise Act, 1944
relating to fixation of the Annual
capacity of production.
The issue pertains to determination
of annual capacity of production in
terms of Section 3A of the Central
Excise Act. with regards to show
cause notices issued by the
Commissioner of Central Excise,
Jaipur-II. The Civil Appeals have
been filed in the Supreme Court.
Appeal no. CA No. 5644/2002
pertains to determination and
Appeal no. CA No. 5676/2002 is
filed with regards to the differential
duty.
PARTICULARS
The Order was passed with reference
to the show cause notice bearing C.
No. V(ST)159/ AGM/2004/1379 to
1383 issued by Anti evasion party of
the Central Excise Division, Ajmer for
the reason mentioned thereunder that
the operations of the Company were
covered under taxable service defined
u/s 65 of the Finance Act, 1994.
The Show cause notice C. No. V
(ST) 80/AJM/2005/2089 dated
16.03.2005 was issued by the
Deputy Commissioner, Central
Excise Division, Ajmer against the
Company and three of its Directors
for service matters pending u/s 73
(2) of the Finance Act, 1994.
106
Amount Involved
(RS. LACS)
Rs.36.82
Rs. 55.66
Amount Involved
(RS. LACS)
Rs. 170.50
Rs. 35.84
STATUS
The Company has filed an
Appeal No. E/31/2003/NBA
before the Customs, Excise
and Service Tax Appellate
Tribunal, New Delhi for stay of
the impugned order and to
waive pre deposit of the said
amount till the disposal of
appeal. The matter is pending
before the Tribunal as of now.
The matter is admitted in the
Supreme Court and notice has
been issued for stay against
the order of the Tribunal. The
matter is pending in the
Supreme Court.
STATUS
The Company and two of its
directors namely Mr. B.K.
Malik and Mr. Abhay Agarwal
have filed Appeals No. ST/AJ/
87 to 89/IX/05 before the
Commissioner (Appeals-II),
Custom and Central Excise,
Jaipur against the said Order.
The matter is still pending
before the aforesaid party.
The Reply has been
submitted to the Deputy
Commisioner , Central Excise
Division, Ajmer by the
Company three of its Directors
namely Mr. Pradeep Agarwal,
Mr. Abhay Agarwal and Smt.
Geeta Agarwal on
23.08.2005. No further action
has been taken in respect of
the said matter.