https://www.taxtmi.com/caselaws?id=43809 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 does not suspend the levy or collection of central excise duty on removal of excisable goods by a sick industrial company. Excise duty remains payable under the Central Excises and Salt Act, 1944 and the relevant Rules at the stage of removal, because that liability forms part of the sale transaction and is not equivalent to proceedings for winding up, execution, distress, or similar coercive action against property. The provision therefore offers no protection against insistence on duty payment before removal of goods, and the demand for excise duty remains enforceable during rehabilitation. en-us Thu, 17 Mar 1994 00:00:00 +0530 Mon, 21 Jun 2010 12:22:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=43809 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 does not suspend the levy or collection of central excise duty on removal of excisable goods by a sick industrial company. Excise duty remains payable under the Central Excises and Salt Act, 1944 and the relevant Rules at the stage of removal, because that liability forms part of the sale transaction and is not equivalent to proceedings for winding up, execution, distress, or similar coercive action against property. The provision therefore offers no protection against insistence on duty payment before removal of goods, and the demand for excise duty remains enforceable during rehabilitation. Case-Laws Central Excise Thu, 17 Mar 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=43809