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M/S PAWAN CARRYING CORPORATION versus COMMISSIONER OF CENTRAL EXCISE (ADJ), NEW DELHI & OTHERS

High Court of Judicature at Allahabad

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M/S Pawan Carrying Corporation v. Commissioner Of Central Excise (Adj), New Delhi & Others - WRIT TAX No. 64 of 2006 [2006] RD-AH 795 (12 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.55

CIVIL MISC. WRIT PETITION NO.64 OF 2006

M/s Pawan Carrying Corpn. ....Petitioner

Versus

Commissioner of Central Excise (Adj.)

New Delhi and others. ....Respondents

****************

Hon'ble Rajes Kumar, J.

By means of the present writ petition, petitioner is challenging the order of the Custom Excise & Service Tax Appellate Tribunal, New Delhi dated 11.07.2005 passed on the application under section 35-F of Excise Act, by which the petitioner was directed to deposit a sum of Rs.10 lacs and the order dated 19.09.2005 by which appeal has been dismissed for the non-compliance of the order dated 11.07.2005.

Heard learned counsel for the parties.

Learned counsel for the petitioner submitted that the petitioner is ready to deposit a sum of Rs.10 lacs within a month from today in compliance to the order  dated 11.07.2005. In view of the aforesaid fact, writ petition is being disposed of with the consent of the parties at the admission stage itself. In case if the petitioner deposits a sum of Rs.10 lacs in compliance to the order dated 11.07.2005 within a month from today, the order dated 19.09.2005 passed by the Tribunal stands set aside. Tribunal is directed to accept the deposit and decide the appeal on merit.

With the aforesaid observation, writ petition is disposed of.

Dt.12.01.2006

R./


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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