Custom, Excise & Service Tax Tribunal
M/S Eicher Tractors Ltd vs Cce, Faridabad on 8 October, 2009
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL West Block No. 2, R.K. Puram, New Delhi 110 066. Principal Bench, New Delhi COURT NO. I DATE OF HEARING : 08/10/2009. DATE OF DECISION : 08/10/2009. Excise Appeal No. 1440 of 2005 M/s Eicher Tractors Ltd. Appellant Versus CCE, Faridabad Respondent
Excise Appeal No. 1441 of 2005 Shri V.P. Arya Appellant Versus CCE, Faridabad Respondent AND Excise Appeal No. 1442 of 2005 Shri Sunil Datt Appellant Versus CCE, Faridabad Respondent Appearance Shri R.K. Hasija, Advocate for the appellant. Shri B.L. Soni, Authorized Representative (DR) for the Respondent. CORAM : Honble Justice R.M.S. Khandeparkar, President Honble Shri Rakesh Kumar, Member (Technical) Order No. ________________ Dated : ,,,,,,,,,,,_____________ Per. Justice R.M.S. Khandeparkar :-
When the matter was called out, the learned DR requested for adjournment of the matter on the ground that he required certain assistance from the department as regards the process of manufacturing of the product in question. As to how the process of manufacture being relevant for the decision in the matter, to the specific query in that regard, learned DR was not able to give any satisfactory reply. We, therefore, were inclined to reject prayer for adjournment of the matter. It is most unfortunate that representative of the department instead of being ready to argue the matter, shows reluctance to cooperate with the Tribunal in disposing of the matter which relates to the year 2005 and involves duty demand of Rs. 25,83,44,804/- (Rupees Twenty Five Crore Eighty Three Lakh Forty Four Thousand Eight Hundred and Four) with equal amount of penalty. However, not to cause any prejudice to the party, the matter is adjourned to 18th November 2009. Registrar is directed to send a copy of this order to the Secretary Revenue, Government of India and Chairman of the Board and to place compliance of this order before the President at the earliest.
(Dictated and pronounced in open court) (Justice R.M.S. Khandeparkar) President (Rakesh Kumar) Member (Technical) PK