Turbotech Precision Engg Pvt Ltd vs The Union Of India on 24 January, 2013

[Cites 3, Cited by 0]

Karnataka High Court

Turbotech Precision Engg Pvt Ltd vs The Union Of India on 24 January, 2013

Bench: H.N. Nagamohan Das

                          1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 24th DAY OF JANUARY, 2013

                           BEFORE

   THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

                W.P.No.3416/2013 (T-
                                 (T-RES)

BETWEEN:

TURBOTECH PRECISION ENGG.PVT LTD
343/A, 9TH MAIN, 2ND STAGE,
PEENYA INDUSTRIAL AREA,
BANGALORE-560058
REP. BY B.R.KRISHNA KUMAR
MANAGING DIRECTOR.
                                      ... PETITIONER
(By Sri : RAVISHANKAR, ADV.)

AND

1.THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF FINANCE
NORTH BLOCK
NEW DELHI - 110 011.

2. THE MINISTRY OF FINANCE
GOVERNMENT OF INDIA
REP. BY ITS SECRETARY MF (DR)
NEW DELHI - 110011.
                               2




3. THE CENTRAL BOARD OF EXCISE AND CUSTOMS
NORTH BLOCK, RASHTRAPATI BHAWAN,
DEFENCE HEAD QUARTERS
REPRESENTED BY CHAIRMAN
NEW DELHI 110 011.

4. THE COMMISSIONER OF CENTRAL EXCISE
BANGALORE-II COMMISSIONERATE
P.B.NO.5400, C.R.BUILDING
QUEENS ROAD
BANGALORE-560001.

5. THE SUPERINTENDENT OF CENTRAL EXCISE
PEENYA III RANGE, E2 DIVISION
NO.162, IST MAIN, SESHADRIPURAM
BANGALORE-560020.
                                      ... RESPONDENTS

(By Sri. N.R.BHASKAR, CENTRAL GOVT.SR.STANDING COUNSEL)

THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR
DATED 01.01.2013 (ANNEXURE-E) AND ETC.

This petition coming on for preliminary hearing, this day, the court
made the following;
                              ORDER

In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the circular dated 01.01.2013 - Annexure E. 3

2. Annexure F is an outcome of the order passed by the original authority under the provisions of the Central Excise Act. Learned counsel for the petitioner submits that against the order passed by the original authority an appeal is preferred before the Appellate Authority and the stay application is pending consideration. In the meanwhile the respondents have issued the impugned notice Annexure-F demanding payment of tax as determined by the original authority. The stay application filed by the petitioner is not considered since the Tribunal was not sitting for certain period. Now it is brought to my notice that the Tribunal may start sitting from the first week of February 2013. In the circumstances the writ petition is hereby disposed off directing the Tribunal to consider the stay application filed by the petitioner in the appeal before them within a time frame of 3 weeks. Till the disposal of the stay application by the Appellate Authority the respondents shall not take coercive steps against 4 the petitioner. The Tribunal to expedite the matter without being influenced by any of the observations made in this order.

Sd/-

JUDGE.

DKB

Unlock Advanced Research with PRISMAI

Karnataka High Court