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Calcutta High Court (Appellete Side)

Limited & Ors vs The Principal Commissioner Of on 22 December, 2016

Author: Dipankar Datta

Bench: Dipankar Datta

                                             1


13   22.12.2016                  W.P.26336(W) of 2016
pg                  (M/s. Indus Integrated Information Management
                    Limited & Ors. vs. The Principal Commissioner of
                                 Service Tax-1, Kolkata)

                  Mr. J.K. Mittal
                  Ms. Mamata Dutta..........for the petitioners

                  Mr. Bhaskar Prasad Banerjee......for the respondents

List the writ petition on January 10, 2017 under the heading 'New Motion'.

Till January 13, 2017 or until further orders, whichever is earlier, no coercive step shall be taken against the petitioners by the respondents.

This ad-interim order is passed on the ground that Mr. Ganguly, learned advocate for the respondents leading Mr. Banerjee, learned advocate is not present in Court today and Mr. Banerjee has not been able to satisfy the Bench that penalty that had been imposed under section 9AA of the Central Excise Act, 1944 is in accordance with law.

However, grant of ad-interim order would not be construed that the Bench is satisfied with regard to the point of entertainability of the writ petition in view of the alternative remedy available to the petitioners and such point would be considered on the returnable date. 2 (DIPANKAR DATTA,J.)