Calcutta High Court
Srei Equipment Finance Pvt Ltd & Ors vs Additional Commissioner Of Service Tax on 5 March, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 1148 of 2009
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SREI EQUIPMENT FINANCE PVT LTD & ORS Petitioner/Applicant
Versus
ADDITIONAL COMMISSIONER OF SERVICE TAX,KOLKATA & ORS
Respondents
For Petitioner : Dr.D.P.Pal,Senior Advocate with Mr.S.Mookherjee,Advocate.
For Union of India :Mr.M.Farook M.Razack, learned Additional Solicitor General with Mr.A.Roy,Advocate. For Service Tax Authority : Mr.N.C.Roychowdhury,Senior Advocate with Mr.R.Bharadwaj,Advocate, Mr.K.K.Maity, Advocate. Before:
The Hon'ble Justice SOUMITRA PAL 5th March, 2010.
The Court : Affidavit-of-service filed in court today be kept with the records.
As prayed for, let affidavit-in-opposition to the writ petition be filed by 19th April, 2010. Reply thereto, if any, by 10th May, 2010.
Having perused the show cause cum demand notice dated 24th October, 2008, if the petitioner furnishes a bank guarantee of Rs.20 lakhs of any nationalised bank to the satisfaction of the Commissioner 2 of Service Tax, Kolkata, respondent no.2 within four weeks from the date of communication of this order, the respondents authorities shall not take any coercive action against the petitioners. However, it is made clear that since proceedings are continuing and the petitioners have filed their reply, the respondent no.2 is at liberty to pass final order after giving the petitioners an opportunity of hearing but it shall not be communicated and/or given effect to without the leave of the Court.
Let there be an unconditional stay of the demand cum notice dated 24th October, 2008 for a period of four weeks from the date of communication of this order.
This order is passed without prejudice to the rights and contentions of the parties and subject to further order that may be passed.
Liberty to mention upon notice.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL,J.) ssaha AR(C.R.)