Custom, Excise & Service Tax Tribunal
) M/S Cubex Tubings Ltd vs The Commissioner Of Customs & Central ... on 17 September, 2012
CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH AT BANGALORE
Bench - Division Bench
Court - I
Date of Hearing: 17.09.2012
Date of decision: 17.09.2012
Central Excise Appeal Nos. 880, 881, 882, 911, 912, 1238, 1239, 1240, 1241, 1245, 781 & 1212/2011
(Arising out of Order-in-Original Nos. 9 & 10/2010 dated 24.12.2010 and 4/2011 dated 31.01.2011 passed by the Commissioner of Customs & Central Excise, Hyderabad)
For approval and signature:
Honble Mr. P.G. Chacko, Member (Judicial)
Honble Mr. M. Veeraiyan, Member (Technical)
1. Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
No
2. Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
Yes
3. Whether their Lordship wish to see the fair copy of the Order?
Seen
4. Whether Order is to be circulated to the Departmental authorities?
Yes
1) M/s Cubex Tubings Ltd.
2) Shri P.R. Bhandari, M.D.
3) Shri Virendra Bhandari
4) Shri U.M. Bhandari, Executive Director
5) Shri Surendra Prakash Bhandari
6) Shri P.R. Bhandari, M.D.
7) Shri Virendra Bhandari, Chief Executive
8) Shri U.M. Bhandari, Executive Director
9) Shri Surendra Bhandari
10) Shri Satish Agarwal, Partner,
M/s Time & Space Haulers
11) Shri Manish Raichand Mardia, Prop.,
M/s M.M. Enterprises
12) M/s Cubex Tubings Ltd.
..Appellants
Versus
The Commissioner of Customs & Central Excise, Hyderabad Respondent
Appearance Mr. V.J Sankaram, advocate for the appellants Mr N. Jagdish, Superintendent (AR) for the Revenue Coram:
Honble Mr. P.G. Chacko, Member (Judicial) Honble Mr. M. Veeraiyan, Member (Technical) FINAL ORDER Nos._______________________2012 [Order per: P.G. Chacko]. We had directed the appellants to make pre-deposits and report in terms of Stay Order Nos. 1130-1141/2012 dated 14.06.2012. These matters arose before this bench from time to time in the wake of a submission made on behalf of most of the appellants that they had challenged our Stay Order before the Honble Andhra Pradesh High Court. Today, after hearing both sides, we come to learn that M/s. Cubex Tubings Ltd. have complied with our direction for pre-deposit in both the appeals. It is submitted by the learned counsel for M/s. Virendra Bhandari, U.M. Bhandari, Surendra Prakash Bhandari and Satish Agarwal that the Writ Petitions filed by them were dismissed by the Honble High Court but they have not made any pre-deposit. The learned counsel has no further instructions of these parties on the subject. Hence Appeals Nos. E/882, 911, 912, 1239, 1240, 1241 and 1245/2011 are dismissed for want of compliance with Section 35F of the Central Excise Act.
2. It is further submitted by the learned counsel that Shri P.R. Bhandari has also moved the Honble High Court and that his Writ Petition is pending. On behalf of Shri P.R. Bhandari, the counsel seeks extension of time for pre-deposit. We have heard the Superintendent (AR) also on this aspect. After considering the submissions, Appeal Nos. C/881 and 1238/2011 of Shri P.R. Bhandari are directed to be listed on 26.09.2012 for report of compliance. (Pronounced and dictated in open Court) (M. VEERAIYAN) MEMBER (TECHNICAL) (P.G. CHACKO) MEMBER (JUDICIAL) iss