High Court of Judicature at Allahabad
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M/S Pawan Alloys & Casting Pvt. Ltd,Muzaffarnagar v. Customs, Excise & Service Tax Appellate Tribunal,New Delhi & anr. - WRIT - C No. 1179 of 2003  RD-AH 376 (15 October 2003)
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 1179 OF 2003
M/S Pawan Alloys & Casting Pvt. Ltd,
Muzaffarnagar ------ Petitioner
Customs, Excise & Service Tax Appellate Tribunal,
New Delhi & anr. ------ Respondents
Hon'ble Dr. B.S.Chauhan, J
Hon'ble D.P.Gupta, J.
This writ petition has been filed against the judgment and order dated 28.7.2003 (Annex. ''7'), by which the learned Customs, Excise & Service Tax Tribunal, New Delhi has permitted the petitioner to deposit a sum of Rs.28/- lacs for maintaining the appeal instead of the demand by the adjudicating authority to the tune of Rs.1,34,31,114/- and a penalty of the equal amount.
Heard Shri A.P. Mathur, learned counsel for the petitioner and Shri Ashok Trivedi, learned counsel for the respondents.
As the learned Tribunal itself has reduced the amount substantially, and it is only an interlocutory order, we are not inclined to interfere with at this stage.
The petition is dismissed.
However, if the petitioner has not already deposited the said amount, he may do so within three weeks from today. The learned Tribunal is requested to entertain the appeal on merit and decide the same in accordance with law.
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