Supreme Court - Daily Orders
The Commissioner Of Service Tax Mumbai ... vs M/S Reliance Telecom Limited on 22 November, 2019
Bench: D.Y. Chandrachud, Hrishikesh Roy
1
ITEM NO.20 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s).38748/2019
(Arising out of impugned final judgment and order dated 16-04-2019
in NOM No. 338/2019 passed by the High Court of Judicature at
Bombay)
THE COMMISSIONER OF SERVICE TAX MUMBAI VII Petitioner(s)
VERSUS
M/S RELIANCE TELECOM LIMITED Respondent(s)
(WITH I.R. and IA No.170944/2019-CONDONATION OF DELAY IN FILING )
Date : 22-11-2019 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Vikramjit Banerjee, ASG
Mr. Manish Pushkarna, Adv.
Mr. Sudhakar Kulwant, Adv.
Ms. Shirin Khajuria, Adv.
Mr. B. Krishna Prasad, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The High Court declined to condone a delay of 619 days in filing a notice of motion for restoration of a Central Excise Appeal which stood dismissed for non- removal of office objections.
Mr. Vikramjit Banerjee, learned Additional Solicitor Signature Not Verified General appearing on behalf of the petitioner, submits Digitally signed by SANJAY KUMAR Date: 2019.11.26 19:18:17 IST Reason: that the revenue involved is approximately Rs 89.58 crores and the High Court should have, therefore, borne 2 this in consideration by subjecting the Department to an order of costs as a condition for condoning the delay. Delay condoned.
Issue notice, returnable in six weeks. However, we direct that in the meantime a copy of the order which has been passed by the High Court should be forwarded to the Chairman of the Central Board of Indirect Taxes so that the Court can be apprised of the steps which the Union Government seeks to take in order to ensure that situations of the nature adverted to by the High Court in its impugned order are obviated in the future.
We direct that an affidavit be placed on the record before the next date of hearing indicating what arrangements have been made and instructions given to ensure that necessary steps are taken for pursuing proceedings before the High Courts with alacrity and despatch.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER