25. Verified Supplier. They will depute suitable officers for this and ensure that the documents are taken and replaced by the officer who will be responsible for its safe custody. As noticed above, in the first proceeding the petitioner effectively dealt with the show cause notices so as to question the very jurisdiction of the same and having failed to succeed on that occasion, resorted to the second proceeding alleging non-supply of 34 documents out of the voluminous documents seized from them. University of Cambridge 18). Kitply has also extended its services overseas to the Middle East, Nepal Bangladesh and Pakistan. SHARMA, J. 6. It is classified as Non-govt company and is registered at Registrar of Companies, Shillong. 3. Vs. Union of India in favour of the petitioner but reversed by the Division Bench by its judgment reported in 1997 (2) GLT 01, Union of India & Ors. Kitply is India's foremost manufacturer of plywood and blockboard. The company intends to be completely self-reliant in timber procurement by way of Agro-forestry and hence, build long term value for the society at large. In paragraph 7 of each of the present writ petitions, the petitioner has stated that in and around the filing of the writ petitions, they by their Annexure-1,2 and 3 letters dated 24.3.87,8.5.87 and 19.9.88 requested the respondents for furnishing copies of the 34 documents out of the voluminous documents seized from the petitioner. The specific case of the respondents is that the documents were already furnished. A seasoned entrepreneur, Amrit Mansahia is the CFO of Kitply Industries, one of the fastest growing wholesale distributors of hardware and plywood in Western Canada. 35. 5★ Reviews. Interact directly with CaseMine users looking for advocates in your area of specialization. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Kitply Industries Ltd. share price live updates on The Economic Times. In 1997, Kitply Industries Ltd had set up an institute for land restoration and agro-forestry in collaboration with Indian Institute of Technology, Kharagpur. 19. In the writ petitions pertaining to the first proceeding, there was no whisper about non-supply of any document, rather from the revelations made in the counter affidavit, they were given enough opportunities even to the extent of installing their own Xerox machine in the office premises of the respondents enabling them to get copies of the same which necessarily included the opportunity to examine the records. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. In 1990, over three lakh kadam plants were planted in Assam and Arunachal Pradesh under industry-farmers nexus basis. In the meantime, they also approached this Court once again by filing a writ petition being civil rule no. It was founded by Shri. The main objective of the company is to manufacture various grades of plywood, black boards, flush doors, technical grade specialty plywood, etc. In India, Kitply’s brand name is synonymous with plywood and enjoys a high level of equity in the Indian market. It will be pertinent to mention here that no such plea was raised in the earlier writ proceedings, although the show cause notices were assailed on various grounds including the very jurisdiction of the authority to issue the same. In the instant case, the position has been explained above. Kitply Industries News and Announcements/notices, Live Kitply Industries corporate announcement on Deals, Bonus, Rights, Stock Splits, Dividends, Board Meetings, Quarterly Results on Moneycontrol. It pioneered the concept of “Branded Plyboards” in the early 80’s. It was founded by Shri. Counsel for the petitioner placed reliance are primarily on the principle of prejudice being caused to the party against whom an adverse order is passed without furnishing the documents forming the basis of the order and the alternative remedy being not a bar to invoke the writ jurisdiction. 34. It was only on 14.3.2001, the representative of the petitioner appeared before the Commissioner, Central Excise and the proceedings thereof as recorded in Anenxure-13 order sheet, interalia included the prayer of the petitioner for a final decision in the matter. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. The respondents carried out the search and seizure operations in the business premises of the petitioner at Kolkata and Assam on the basis of the information collected by the Directorate of Anti-Evasion that the company of the petitioner resorted to dubious method of realizing additional amount from the wholesale buyers over and above the price declared to the Department through under valuation and clearance of prime quality of plywood ex-factory in the garb of defective grades having lower rate of duty and subsequently sold under different nomenclatures of much higher price. 12. Mr. B. Sarma, learned Central Government Standing Counsel supporting the impugned action and the orders passed by the respondents submitted that the petitioner having been provided with all reasonable opportunity to get the documents either examined or to take copies of the same, the plea of non-supply of the documents is just to make out a case so as to absolve the petitioner from the liability to pay huge excise duty. P.K.Goenka in 1982 in Assam, India. The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. The above principle has been reiterated by the Apex Court in the case of Transmission Corporation Vs. Ch. The matters could not attain its finality in view of the interim protection granted to the petitioner. The question of maintainability of the writ petitions in view of the statutory remedy of appeal being available to the petitioner, was specifically kept open by orders dated 14.12.2001, by which notices were issued in all the three writ petitions. Being aggrieved the respondents preferred writ appeals being W. A. Nos. The issue has been discussed in detail above. All the three writ petitions by and between the same parties, being based on same set of facts and the issue involved in all the three writ petitions being the same, they have been heard analogously and are being … 2 i.e. By the said orders, the petitioner in all the three cases, have been made liable, upon confirmation of the demand, the amount of Rs. The principles of natural justice, it is trite, cannot be put in a straightjacket formula. At the first instance, the writ petitions were allowed by the learned Single Judge. The said three writ petitions were heard analogously and by judgment and order dated 3.1.95, as reported in 1995(2) GLT 01, Sudarshan Plywood Industries Ltd. Check out why Kitply Industries Ltd. share price is today. 1,00,0007- (second case) and Rs. Formerly the company was known as Sudarsan Plywood Industries Ltd. (SPI) This company was merged with another company namely Himalayan Plywood Industries (P) Ltd. (HPI) with effect from 1.9.85 and in terms of the scheme of amalgamation, all assets, rights and liabilities of the Himalayan Plywood Industries (P) Ltd. Kitply Kit 2000 MR and BWR Grade Block Board, Kitply Kitboard Gold BWP Grade Block Board, Kitply Kitboard Plus BWP Grade Block Board, Kitply Kitlam IG and EG Prelam Particle Board. The company is well known for introducing new varieties of plywood periodically. – Ankit Sharma When I entered college and started thinking about pursuing a career in business, I never thought I’d find myself in woodworking. Get 1 point on providing a valid sentiment to this In Union of India Vs. Tulsiram Patel reported in (1985) 3 SCC 398, the Apex Court held: 46. It is on the strength of the interim orders passed by this Court, the impugned orders have not been implemented till date. Rule 233 A of the Central Excise Rules, 1944. In a given case the party should not only be required to show that he did not have a proper notice resulting in violation of principles of natural justice but also to show that he was seriously prejudiced thereby. In September, 1986 also the petitioner made request for further time on grounds of continuous rain in Calcutta and Durga Puja festival. While forwarding the aforesaid impugned orders by letters, dated 31.10.2001, it was intimated that the petitioner would be entitled to prefer appeals against the orders before the East Regional Branch of the Appellate Tribunal located at Kolkata. As regards the plea of non-furnishing of the copies of the 34 documents (26+8), the respondents have stated that in response to the request for supply of copies of the documents, the petitioner company was allowed to obtain the copies of replied upon documents. Its operations are spread throughout the country with five modern factories and 30 sales offices. provisions of the Central Excise Act, 1944 and the Rules, Whirlpool Corporation Vs. Registrar of Trade Marks, Collector of Central Excise Vs. Sanawarmal Purohit. Founded in 2009, in her in-law's basement, Amrit grew the business from zero to $1 million in 14 months, and started with two products and grown to over 22,000 products. According to the show cause notices, the petitioner in each of the cases evaded Central Excise Duty to the extent of Rs. Mr. Sarma, learned CGSC, apart from the aforesaid submissions also seriously argued and raised the question of very maintainability of the writ petitions in view of there being alternative remedy by way of an appeal against the impugned orders. Get 2 points on providing a valid reason for the above It is inolved in Manufacture of products of wood, cork, straw and plaiting materials. 2,41,45,1947- with penalty of Rs. Being aggrieved by issuance of such show cause notices, three writ petitions were filed and the same were registered and numbered as Civil Rule No. Kitply Industries General Information Description. Apart from the fact that to attract this principle in the given fact situation of the present case, the petitioner will have to show that prejudice was caused due to non-supply of the particular documents, it has been held above that the petitioner and for that matter their representatives were given enough opportunity to examine the records and to take Xerox copy of the documents as per their desire. Kitply demonstrates the practices of being a good corporate citizen undertaking a wide range of activities to improve the living conditions of the under-privileged classes living near its factories. Noticing the fact that the petitioners' dealership came to be terminated for an irrelevant and non-existent cause, the Apex Court in that case observed that the rule of exclusion of writ jurisdiction on availability of an alternative remedy is a rule of discretion and not compulsion and that in an appropriate case the High Court may still exercise its writ jurisdiction in atleast three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental right; (ii) where there is failure of principles of natural justice or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is- challenged. S.P.Goenka and Shri. The records of the said cases were called for and upon verification of (he same, what has transpired is that there was no whisper about the alleged non-supply of the documents and as to whether the same caused any prejudice to (he petitioner. 86 Followers, 11 Following, 22 Posts - See Instagram photos and videos from Kitply Industries Ltd (@kitplyindltd) Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blackboard. the commissioner, Central Excise recorded the proceeding vide Annexure-13 record of personal hearing to the effect that all the three cases mentioned above could be dealt with together since they relate to the same issue of similar nature. Significantly, in this letter, the respondents indicated that the petitioner had already completed Xeroxing of documents on the basis of which the show cause notices had been issued. 43. 5,00,0007- and Rs. As noticed above, the writ petitions were entertained, keeping the question of maintainability open, in view of the alternative remedy available to the petitioner. Thus, both on merit of the contentions raised in the writ petition as well as on ground of there being alternative remedy by way of appeals against the impugned orders, all the writ petitions fail. The petitioner did not comply with the same and informed the respondents by their telegram, dated 12.2.87 that the person concerned had fallen sick. In between, they also initiated tile writ proceeding against purported non-supply of documents. 10. 4★ 18. In its first two years, Kitply expanded its operations twice and now … It is also well settled that if a party after having proper notice chose not to appear, he at latter stage cannot be permitted to say that he had not been given a fair opportunity of hearing. Vs. The respondents have also stated that as per the direction of this Court contained in the order dated 19.12.97 passed in the second round of litigation i.e. 2. 41,35,714/- and Rs. The products were marketed under the trade name "Swastik". The company is engaged in manufacturing of decorative laminates, blockboard, plywood and adhesive for making furniture, interior designs and office furniture. Having failed in that round of litigation from 1987 to 1997, the took recourse to the second round of litigation in which direction was issued for supplying the documents with the rider that if not already supplied. 2,51,58,639.30 with penalty of Rs. Kitply’s operations are spread throughout the country with 5 modern factories and 12 sales offices. Kitply Industries Ltd. v. Union Of India B.K. Thus, on the basis of the materials on record, I am of the considered opinion that the petitioner cannot take the plea of non-supply of documents by initiating further proceedings after conclusion of the first proceeding referred to above. In your opinion, the approach of the Court in dealing with such cases should be pragmatic rather than pedantic, realistic rather than doctrinaire, functional rather than formal and practical rather than "presidential". 22. Amidst the writ proceedings initiated by the petitioners one after another, the first one being of 1987, the notices to show cause issued against the petitioner under Rule 233 A of the Central Excise Rules, 1944 and the actions initiated there under including the passing of the final order dated 31.10.2001 are yet to attain the finality. S.P.Goenka and Shri. 17. It has a workforce of about 1000+ persons and a countrywide distribution network of over 300+ dealers. Kitply Industries Wholesale Surrey, BC 844 followers Award winning wholesales distributor selling 20,000 products for Wood Products Manufacturers from all over the world! Be it stated here that although the petitioner have not enclosed any one of the show cause notices to the writ petitions, the learned counsel for the petitioner produced one of the show cause notices dated 9.10.85 addressed to the Company and the Group Chairman. Kitply has bagged Top Export awards from Capexil for the periods 91-92, 93-94, 94-95 & 95-96. IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) COMPANY PETITION No. Additional Collector (TECH) Customs & Central Excise, Shillong To: 1. ★★★★★ The decisions have been pressed into service to bring home the point of argument that because of non-furnishing of the particular documents, there was violation of the principles of natural justice and consequently the respondents could not have passed the impugned order exparte. change. Kitply Industries Limited is a Public incorporated on 26 August 1982. The plea now being raised was never the plea in the said proceeding. It is also their case that, apart from these communications, they also made inquiries in the office from time to time for getting the documents and eventually by their letter dated 11.12.2000 enquired about the status of the proceeding. Citation. Grade: MR AND BWR GRADE. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. P.K.Goenka in 1982 in Assam, India. Steps were taken to popularise the plantation scheme in the States of Nagaland and Meghalaya also. It is the case of the petitioner that after the aforesaid order passed by this Court, they made a request to the respondents by their Annexure 10 letter 19.12.97 made a request for providing them with the documents as mentioned in their earlier letters dated 24.3.87,8.5.87 and 19.9.88. 2 on 14.3.2001 and the respondent No. civil rule no. 38. Its authorized share capital is Rs. Kitply’s brand name is synonymous with plywood and enjoys a high level of equity in the Indian market. After the aforesaid developments, the petitioner was communicated vide letters dated 31.10.2001, the orders dated 31.10.2001 passed by the Commissioner of Central Excise in respect of all the three cases. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Kitply Industries Ltd Promoted by S P Goenka, Kitply Industries (formerly Sudershan Plywood Industries) went public in Aug.'85. In the case of Bar Council of India Vs. High Court of Kerala, the Apex Court observed: "24. It is the only plywood company that figures in the list of Consumer Super Brands of India. There is no dispute at the bar that alternative statutory remedy by way of preferring appeals against the impugned orders was available to the petitioner under the provisions of the Central Excise Act, 1944. In the instant case inspite of receipt of the show cause notices and understanding the same so as to question the very jurisdiction towards issuance of the same, the petitioner has raised the issue relating to violation the principles of natural justice. The petitioner, a company registered under the Companies Act, 1956, represented by the petitioner No. 16. 45. Get Kitply Industries Ltd. live share price, historical charts, volume, market capitalisation, market performance, reports and other company details. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. Kitply Cup; Media Contacts; Print Ads; TV Ads; Contact . It became a public limited company on 1st April, 1985. Writ petitions are dismissed, leaving the parties to bear their own costs. As per the said direction of this Court, the petitioner was entitled to the copies of the said ,4 documents only if the same had not been supplied to them. Its commitment to environment-friendliness, its high ethical standards in business dealings and its on-going efforts in community welfare programmes have won it acclaim as a responsible corporate citizen. It is their further case that when the documents, sought for were not furnished, the petitioner by its letter dated 24.2.98 (Annexure-11) made a further request to furnish the documents. However, in the process they have conveniently ignored the stand of the respondents in their counter affidavit. The requirements for preferring the appeals were also indicated in the letters. 650/1987, 856/1987 and 1072/1987 questioning the very authority and jurisdiction of the respondents to issue the show cause notices. As per the requirement of the said order, the petitioner was to be supplied with the photocopies of the documents, if not already supplied, and within 10 days thereafter the petitioner was to furnish the replies. It has been stated that the first hearing in human history was given in the Garden of Eden. 10,000,000. Kitply Industries Ltd, Kolkata. The other two show cause notices are stated to be in the same line with the variations in respect of the demand and penalty. 15. Pursuant to such dismissal of the writ petitions, the respondents by their communications dated 5.6.97 and 6.6.97 (Annexure-4 and 5) requested the petitioner to furnish their reply to the show cause notices. (PJ) Indian Oil Corporation Ltd.). On the plea of developing mechanical defects in the Xerox ma-chine, the petitioner requested for further time and the same was granted. At the very outset they have stated about the alleged illegalities committed by the petitioner. Thickness: 18/19MM, 15/16MM, 12MM, 08/09MM, 6MM. Since the Department is not in a position to make photocopies these voluminous documents, I have allowed the party to bring their own machine and take photocopies of these documents in the presence of an Inspector at their cost either in the new building or old building, wherever facilities are available from 26th November onwards. ★★★★★ The respondents by their communication, dated 2.12.97 once again requested the petitioner to submit their show cause reply. The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. (PJ) Indian Oil Corporation Ltd. provisions of the Central Excise Act, 1944. Kitply has included commitment to environmental protection as one of its corporate objectives with the Kitply Agro Forestry Project. The principles of natural justice, it is well settled, must not be stretched too far.". Read More . At the first instance, the petitioners unsuccessfully contended that the show cause notices were without any jurisdiction and now has called in question, the impugned orders dated 31.10.2001 confirming the demand made to the petitioner. The petitioner made the aforesaid representations dated 19.12.97 and 24.2.98 asking for the documents and thereafter maintained silence in the matter till the personnel hearing was given to them on 14.3.2001 in which proceeding their submission to finalise the proceedings without keeping the same pending any longer was also recorded. Kitply’s operations are spread throughout the country with 5 factories and 16 Sales Offices. The petitioner by installing their own Xerox machine took the copies of the documents and at no point of time raised any objection regarding non-availability of any document. 168,169 and 170 of 1995 and the writ appeals were allowed by judgment and order dated 9.4.1997 as reported in 1997(2) GLT 01 Union of India & Ors. They must yield to and change with existence of situation. The question had been considered by a Bench of this Court in Sohan Lal Gupta Vs. Asha Devi Gupta of which two of us (V.N. 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And Arunachal Pradesh under industry-farmers nexus basis put in a straightjacket formula Surrey, BC 844 followers Award wholesales. Be taken ex-parte Excise Duty to the show cause notices, the petitioner for free.
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