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Custom, Excise & Service Tax Tribunal

Dey'S Medical Stores (Mfg) Ltd vs C. C. Ex - Kol V on 28 January, 2020

 IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE
                TRIBUNAL, KOLKATA
          EASTERN ZONAL BENCH : KOLKATA

                      REGIONAL BENCH - COURT NO.2

                      Excise Appeal No.130 of 2011

(Arising out of Order-in-Appeal No.55/Kol-V/2010 dated 09.12.2010 passed by
Commissioner of Central Excise(Appeal-I), Kolkata.)

M/s. Dey's Medical Stores (Mfg.) Limited
(62, Bondel Road, Kolkata-700019.)
                                                           ...Appellant

                                      VERSUS

Commissioner of Central Excise, Kolkata-V
                                                           .....Respondent

(169, A.J.C. Bose Road, Bamboo Villa, 4th Floor, Kolkata-700014.) APPEARANCE NONE for the Appellant (s) Shri S.S.Chattopadhyay, Authorized Representative for the Respondent (s) CORAM: HON'BLE SHRI P.K.CHOUDHARY, MEMBER(JUDICIAL) HON'BLE SHRI P.V.SUBBA RAO, MEMBER(TECHNICAL) FINAL ORDER NO. 75159/2020 DATE OF HEARING : 28 January 2020 DATE OF DECISION : 28 January 2020 P.K.CHOUDHARY :

An Application dated 23 December 2019 has been submitted by the appellant assessee stating that -
"...............We have submitted a request for waiver of tax along with interest & penalty before the SVLDRS portal vide acknowledgement dated 23/12/2019 vide ARN no. LD2312190002249 dated 23/12/2019 against the litigation pending before the honourable CESAT, KOLKATA. For better understanding and clarity, we are enclosing herewith the following for your kind perusal:-
1. Copy of Order-in-Original,
2. Copy of Order-in-Appeal
3. Copy of the Appeal filed before the Hon'able CESTAT.
4. Copy of the Stay Order No.S-125/KOL/2013
5. Copy of a) Rg 23A-II page 11, Service Tax Part-II Page 13 2 Excise Appeal No.130 of 2011
b) E.R-1 for the Month November'2008
c) P.L.A Page no:8-Month of Nov'2008 & 2010 & 12- Month Mar'2008
d) GAR-7 of Challan No.6910375 Dt.27/11/2008
e) Copy of the application copy of SVLDRS-1, and
f) Copy of the acknowledgement against submission of SVLDRS-1.

Therefore, Sir, it is requested to accept our application with consequential relief."

2. In view of the above reasons mentioned in the application, the appeal is dismissed under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 in terms of the provisions of Section 127(6) of the Finance (No.2) Act, 2019.

(Dictated and pronounced in the open Court.) SD/ (P.K.CHOUDHARY) MEMBER (JUDICIAL) SD/ (P.V.SUBBA RAO) MEMBER (TECHNICAL) sm