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    <title>2005 (8) TMI 253 - CESTAT, BANGALORE</title>
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    <description>The Tribunal held that the private limited company was not liable to pay duty for the period prior to its incorporation, as there was no provision in the Central Excise Act to demand duty from a successor entity at that time. The company, succeeding a partnership firm, was considered a separate legal entity, and the demand for duty was deemed untenable. Consequently, the penalty on the company and the individual was also set aside, and the appeals were allowed with consequential relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=54664</link>
      <description>The Tribunal held that the private limited company was not liable to pay duty for the period prior to its incorporation, as there was no provision in the Central Excise Act to demand duty from a successor entity at that time. The company, succeeding a partnership firm, was considered a separate legal entity, and the demand for duty was deemed untenable. Consequently, the penalty on the company and the individual was also set aside, and the appeals were allowed with consequential relief.</description>
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