M/S. Ntt Data Global Delivery Services ... vs Superintendent Of Service Tax on 6 February, 2013

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Karnataka High Court

M/S. Ntt Data Global Delivery Services ... vs Superintendent Of Service Tax on 6 February, 2013

Bench: H.N.Nagamohan Das

                             1



  IN THE HIGH COURT OF KARNATAKA, BANGALORE

     DATED THIS THE 06TH DAY OF FEBRUARY 2013

                         BEFORE

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

         WRIT PETITION NO.5548/2013 (T - TAR)

BETWEEN :

M/S. NTT DATA GLOBAL DELIVERY SERVICES LTD.
(FORMERLY KNOWN AS KEANE INTERNATIONAL INDIA
PRIVATE LTD.), NO.17, SOUTH END ROAD,
BASAVANAGUDI, BANGALORE-04

(REP. BY SENIOR DIRECTOR - FINANCE,
MR. SUBRAMANIAN KRISHNASWAMY,
AGED ABOUT 50 YEARS,
S/O KRISHNASWAMY)
                                       ... PETITIONER

(BY SRI C.R.RAGHAVENDRA FOR
SRI V.RAGHURAMAN, ADVS.)

AND :

1. SUPERINTENDENT OF SERVICE TAX
   OFFICE OF THE COMMISSIONER OF SERVICE TAX,
   NO.16/1, 5TH FLOOR, S.P. COMPLEX,
   LALBAGH ROAD, BANGALORE-27

2. COMMISSIONER OF SERVICE TAX
   NO.16/1, 5TH FLOOR, S.P. COMPLEX,
   LALBAGH ROAD, BANGALORE-27

3. UNION OF INDIA
   REP BY UNDER SECRETARY
   CENTRAL EXCISE WING, OSD(CX-6),
   CENTRAL BOARD OF CUSTOMS AND EXCISE,
   NORTH BLOCK, NEW DELHI-110001
                                       ... RESPONDENTS

(BY SRI T.M.VENKATA REDDY, SR. STANDING COUNSEL.)
                               2



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH AS FAR AS THE PETITIONER IS CONCERNED BY
AN APPROPRIATE WRIT OR ORDER IN THE NATURE OF
CERTIORARI OR OTHERWISE THE IMPUGNED LETTER
DT.17.1.2013 ENCLOSED IN ANNX-A AND ETC.

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

                           ORDER

Sri T.M.Venkata Reddy, learned Senior Standing Counsel is directed to take notice for the respondents.

2. In this writ petition the petitioner has prayed for a writ of certiorari to direct the respondents not to initiate coercive steps for recovery of the demand made in the letter dated 17.01.2013 - Annexure-A.

3. Annexure-A is an outcome of the order passed by the original authority under the provisions of the Service Tax 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-A demanding 3 payment of service 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 commenced 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 three weeks. Till the disposal of the stay application by the Appellate Authority the respondents shall not take coercive steps against the petitioner. The Tribunal to expedite the matter without being influenced by any of the observations made in this order.

Three weeks time is granted to file memo of appearance.

Sd/-

JUDGE nvj

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