- (1.) List has been revised. No one appears on behalf of respondents. We have, therefore, heard Sri Dilip Gupta for the petitioner only.
(2.) By this petition, the petitioner - a Government company registered under the Companies Act, 1956 - (hereinafter referred to as 'the Act') seeks quashing of the impugned notice dated 17-9-1992, Annexure-11 to the writ petition.
(3.) In the aforesaid impugned notice, it is stated that during the course of stock taking on 25-10-1991, it was noticed that there was shortage of 402.293 MTs. of cement and 6884.793 MTs. of Clinker in the stock. Attention was drawn by the respondents that the petitioner had removed 4025.293 MTs of cement and 6884.793 MTs of clinker. Loss towards Central Excise Duty on cement was assessed at Rs. 95,852.00 at the rate of Rs. 215 P.M.T. and on the clinker it was assessed at Rs. 7,88,454.00. The petitioner was called upon by the impugned notice issued by the Collector, Central Excise, Allahabad, to show cause as to why the aforesaid duty be not recovered from it and the penalty be not imposed upon it under Rule 173Q of Central Excise Rules, 1944.;