Custom, Excise & Service Tax Tribunal
Messrs. Jai Balaji Industries Limited ... vs Commissioner Of Central Excise, Bolpur on 21 February, 2013
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
EAST ZONAL BENCH: KOLKATA
1)MISCELLANEOUS APPLICATION NO.E/M/462/2012
2) MISCELLANEOUS APPLICATION(ROM) NO.E/M/83177/2013
AND
3) EXCISE APPEAL NOs.E/A/158 & 161 /2012
(ARISING OUT OF THIS TRIBUNALS ORDER NO.S-1446-1457/KOL/2012 DATED 29.10.2012 ORDER-IN-ORIGINAL NO.95-99/COMMR/BOL/11 DATED 28.12.2011 PASSED BY COMMISSIONER OF CENTRAL EXCISE, BOLPUR)
FOR APPROVAL AND SIGNATURES OF
DR. D.M.MISRA, HONBLE JUDICIAL MEMBER
DR. I.P.LAL, HONBLE TECHNICAL MEMBER
1. Whether Press Reporters may be allowed to see :
the Order for publication as per Rule 27 of the
CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the :
CESTAT (Procedure) Rules, 1982 for publication
in any authoritative report or not ?
3. Whether Their Lordships wish to see the fair copy :
of the Order?
4. Whether Order is to be circulated to the Departmental :
Authorities?
MESSRS. JAI BALAJI INDUSTRIES LIMITED UNIT-IV
AND
SHRI GAURAV JAJODIA
APPLICANT(S)/APPELLANT (S)
VERSUS
COMMISSIONER OF CENTRAL EXCISE, BOLPUR
...RESPONDENT (S)
APPEARANCE:
NONE FOR THE APPLICANT(S)/APPELLANT(S);
SHRI S.MISRA, AR(ADDL. COMMR.)FOR THE REVENUE. CORAM:
DR. D.M.MISRA, HONBLE JUDICIAL MEMBER DR. I.P.LAL, HONBLE TECHNICAL MEMBER Date of Hearing/Decision:21.02.2013 ORDER NO.M-15-16/KOL/2013/A-44-45/KOL/13 Per Dr. D.M.Misra None present for the Applicant. Heard the ld. AR for the Revenue.
2. The Miscellaneous Application No.E/M/462/2012 is filed by the Applicant praying for modification of the Stay Order No.S-1546-1457/KOL/2012 dated 29.10.2012 passed by this Tribunal.
3.1. We find that there is no material change in circumstances after passing of the Stay Order dated 29.10.2012 by this Tribunal. In these circumstances, the Miscellaneous Application seeking modification of the Order dated 29.10.2012 is dismissed.
3.2. We also find that the Department has also filed a Miscellaneous Application for rectification of mistake crept into the Order dated 29.10.2012, which related to the Cause Title of the Order where names of both the Applicant/Appellant and the Respondent were incorrect. Hence, the same is allowed and the Cause Title is accordingly rectified. The Miscellaneous Application is thus disposed off.
3.3. We find that the Order dated 29.10.2012 has not been complied with till date, as pointed out by the ld. AR for the Revenue. In these circumstances, we dismiss the Appeals for non-compliance with the Stay Order dated 29.10.2012, in view of the provisions of Section 35F of the Central Excise Act, 1944.
Dictated and pronounced in the open court.
SD/-22.02.13 SD/-22.02.13
(I.P.LAL) (D.M.MISRA)
TECHNICAL MEMBER JUDICIAL MEMBER
DUTTA/
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E/A/158 & 161/2012
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