Custom, Excise & Service Tax Tribunal
Shripra Alloys Ltd vs Commissioner Of Central Excise, Nagpur on 26 July, 2011
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH AT MUMBAI COURT No. I APPEAL Nos. C/1023 & 1024/09Mum and E/1022/09 (Arising out of Order-in-Original No. 08/2009/C dated 30.06.2009 passed by Commissioner of Central Excise & Customs, Nagpur) For approval and signature: Honble Mr. P.G. Chacko, Member (Judicial) Honble Mr. P.R. Chandrasekharan, Member (Technical) ======================================================
1. Whether Press Reporters may be allowed to see : No the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the : Yes CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Seen of the Order?
4. Whether Order is to be circulated to the Departmental : Yes authorities?
====================================================== Shripra Alloys Ltd Appellants Parshuram Forge (P) Ltd Praful Vaidya Vs. Commissioner of Central Excise, Nagpur Respondent Appearance:
Shri Vishnu Doiphode, Advocate, for appellants Shri Sunil Kalra, JDR, for respondent CORAM:
Honble Mr. P.G. Chacko, Member (Judicial) Honble Mr. P.R. Chandrasekharan, Member (Technical) Date of Hearing: 26.7.2011 Date of Decision:26.7.2011 ORDER NO Per: P.G. Chacko This Bench had directed the appellant to pre-deposit 50% of the duty amount within eight weeks and report compliance on 27.6.2011 vide Order No. S/244-246/2011/EB/C-II dated 25.3.2011. On the appointed day, the counsel for the appellant submitted that the said stay order was under challenge in a writ petition filed before the Honble High Court, Nagpur Bench. The counsel prayed for reasonable time for producing a stay order from the Honble High Court, which was granted and, accordingly, the matter was directed to be listed on 26.7.2011. Today the counsel repeats the above submission. It is submitted that the Honble High Court is yet to consider their stay application. Though we have expressed our inclination to take up this matter next Friday, as a last chance, the learned advocate has not come forward to avail the opportunity. He is insisting on longer time for producing stay order from the High Court for which we are not agreeable.
2. The appellants in Appeal No. E/1023 and E/1024/09 have not complied with our direction for pre-deposit and, therefore, the two appeals get dismissed for non-compliance with Section 35F of the Central Excise Act. Appeal No. E/1022/09 filed by the Managing Director of M/s Shripra Alloys Ltd will not be dismissed inasmuch as his stay application requires to be disposed of on merits. Accordingly, the stay application filed by Mr. Praful Vaidya is directed to be listed for hearing on merits on 26.8.2011. Both sides take notice.
(Dictated in Court) (P.R. Chandrasekharan) Member (Technical) (P.G. Chacko) Member (Judicial) rk 1 3