Custom, Excise & Service Tax Tribunal
M/S Raj Rattan Casting Pvt. Limited vs Cce, Kanpur on 25 May, 2009
CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL, West Block No.2, R. K. Puram, New Delhi COURT-I Date of hearing/decision: 25.05.2009 Excise Appeal No. 2633 of 2008 [Arising out of order-in-original No. 08/Commr/MP/2008 dated 15.09.2008 passed by the Commissioner, Central Excise, Kanpur] M/s Raj Rattan Casting Pvt. Limited Appellant Vs. CCE, Kanpur Respondent
AND Excise Appeal No. 2634 of 2008 [Arising out of order-in-original No. 08/Commr/MP/2008 dated 15.09.2008 passed by the Commissioner, Central Excise, Kanpur] Shri Sunil Khatri, Director Appellant Vs. CCE, Kanpur Respondent For approval and signature:
Honble Shri Justice R.M.S. Khandeparkar, President Honble Shri M. Veeraiyan, Member (Technical) ,,,,,,,,,1. Whether Press Reporters may be allowed to see 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 CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not? 3 Whether Their Lordships wish to see the fair copy of the Order? 4 Whether Order is to be circulated to the Departmental authorities? Appearance:
Appeared for the Appellant Shri Hemant Bajaj, Advocate Appeared for the Respondent Shri V. Choudhury, DR Coram: Honble Shri Justice R.M.S. Khandeparkar, President Honble Shri M. Veeraiyan, Member (Technical) Oral Order No.____________________ Per Justice R.M.S. Khandeparkar:
Heard the Learned Advocate for the appellants and learned DR for the Revenue. Learned Advocate states that after the last date of hearing he has not received any information from his client. Under order dated 24.02.2009, passed in Stay application Nos. 2643 & 2634 of 2008 the appellants were directed to deposit a sum of Rs. 20 lakhs within eight weeks while disposing of the stay applications and compliance report was to be filed on 29.04.2009. Learned Advocate informed the Tribunal that the appellants had filed the Writ Petition in the Allahabad High Court and prayed for time to ascertain about the progress in the said petition and therefore the matter was listed for compliance report on 21.05.2009. On 21.05.2009, when the matter came up for hearing, learned Advocate stated that the Central Excise Appeal No. 58/09 was listed for hearing on that very day and therefore sought time to inform the progress in the said matter. Hence the matter was adjourned to this day. Today learned Advocate is unable to give any information regarding the progress in the said application nor discloses compliance of the order dated 24.2.2009. The appeals are liable to be dismissed in terms of proviso to Section 35F of the Central Excise Act, 1944. Accordingly, the appeals are dismissed.
(Justice R.M.S. Khandeparkar) President (M. Veeraiyan) Member (Technical) /Pant/