Supreme Court - Daily Orders
Commissioner Of Central Excise, ... vs M/S. Vst Industries on 21 May, 2025
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4682/2016
COMMISSIONER OF CENTRAL EXCISE, CUSTOMS Appellant(s)
AND SERVICE TAX, HYDERABAD-II
VERSUS
M/S VST INDUSTRIES LIMITED Respondent(s)
O R D E R
1. This Appeal filed by the Commissioner of Central Excise, Customs and Service Tax, Hyderabad-II is disposed of on the ground of low tax effect.
2. In the Interlocutory Application filed by the Respondent - Assessee, the following has been prayed:-
“It is submitted with respect that amount of Central Excise Duty involved in the instant case is Rs. 1,32,60,385/- for the aforesaid period under the Central Excise Act, 1944. There is a penalty imposed of Rs. 10,00,000/- under Rule 25 of the Central Excise Rules, 2002. This is evident from page 88 of Appeal paper book containing the operative portion of the adjudication Order passed by the Commissioner in the present case, adjudicating the Show Cause Notice.”
3. In the event if it comes to the notice of the Revenue that this Appeal could not have been disposed of on the ground of low tax effect, it shall be open for the Revenue to seek recall of the order and revive the appeal.
…………………………………………J (J.B. PARDIWALA) Signature Not Verified Digitally signed by VISHAL ANAND Date: 2025.05.29 10:50:49 IST Reason: …………………………………………J (R. MAHADEVAN) NEW DELHI 21ST MAY, 2025.
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ITEM NO.6 COURT NO.11 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal Nos.6546-6549/2015 COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, Appellant(s) HYDERABAD-II VERSUS M/S. VST INDUSTRIES Respondent(s) WITH C.A. No. 4682/2016 (IV-A) (FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 70389/2025) Date : 21-05-2025 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE R. MAHADEVAN For Appellant(s) :
Mr. S Dwarakanath, A.S.G. Mr. Ashok Kumar Panda, Sr. Adv. Mr. Gurmeet Singh Makker, AOR Mr. Piyush Beriwal, Adv.
Ms. Astha Singh, Adv.
Mr. Rajat Vaishnaw, Adv.
Mr. Navanjay Mahapatra, Adv. Mr. B.K. Prasad, Adv.
Mr. Syed Abdul Haseeb, Adv.
For Respondent(s) :
Mr. Ajay Aggarwal, Adv.
Mr. Adarsh Aggarwal, Adv.
Mr. Rajan Narain, AOR UPON hearing the counsel the Court made the following O R D E R Civil Appeal Nos.6546-6549/2015:-
List the appeals after four weeks.3
C.A. No. 4682/2016:-
1. This Appeal filed by the Commissioner of Central Excise, Customs and Service Tax, Hyderabad-II is disposed of on the ground of low tax effect, in terms of the signed order.
2. In the event if it comes to the notice of the Revenue that this Appeal could not have been disposed of on the ground of low tax effect, it shall be open for the Revenue to seek recall of the order and revive the appeal.
(VISHAL ANAND) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed Order is placed on the file)