Custom, Excise & Service Tax Tribunal
Lanco Infratech Ltd vs Commissioner Of Central Excise, ... on 28 July, 2014
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL SOUTH ZONAL BENCH BANGALORE Final Order No. 21257 / 2014 Appeal(s) Involved: ST/2549/2011-DB [Arising out of Order-in-Appeal No.38/2011 H-II (S. Tax) dated 19/05/2011 passed by the Commissioner of Customs, Central Excise & Service Tax (Appeals-II), Hyderabad.] LANCO INFRATECH LTD LANCO HOUSE, PLOT NO.4, SOFTWARE UNITS LAYOUT, HITEC CITY MADHAPUR HYDERABAD 500 081 Appellant(s) Versus Commissioner of Central Excise, Customs and Service Tax HYDERABAD-II NULL L.B STADIUM ROAD, BASHEERBAGH, HYDERABAD - 500004 ANDHRA PRADESH Respondent(s)
Appearance:
None JOSEPH PRABAKAR FIRST FLOOR, NEW NO.51 A, Dr. RANGA ROAD, MYLAPORE, CHENNAI. - 600004 TAMIL NADU For the Appellant Mr. N. Jagadish, Superintendent (AR) For the Respondent CORAM:
HON'BLE SHRI B.S.V.MURTHY, TECHNICAL MEMBER HON'BLE SHRI S.K. MOHANTY, JUDICIAL MEMBER Date of Hearing: 28/07/2014 Date of Decision: 28/07/2014 Order Per : B.S.V.MURTHY The appellant was directed to deposit entire amount of service tax with interest as pre-deposit for hearing the appeal. The appellants filed an appeal before the Honble High Court of Andhra Pradesh in Central Excise Appeal No.57/2014 and Honble High Court vide their order dated 25.6.2014 directed the appellants to deposit the amount within one month from the date of the order failing which the decision of the Tribunal will operate. Today when the matter was called, it was submitted by the learned counsel that the appellants have not deposited the amount till date. Since the appellants have not deposited the amount within four weeks as directed by the Honble High Court of Andhra Pradesh, the order of the Tribunal will come into force and accordingly read with decision of the Honble High Court, the requirement of pre-deposit has not been fulfilled, therefore the appeal is dismissed for non-compliance with the requirement of provisions of Section 35F made applicable to service tax matters.
(Operative portion of the order has been pronounced in open court) S.K. MOHANTY JUDICIAL MEMBER B.S.V.MURTHY TECHNICAL MEMBER rv 2