India Advantage Fund Vii vs Union Of India on 8 February, 2013

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Karnataka High Court

India Advantage Fund Vii vs Union Of India on 8 February, 2013

Bench: H.N. Nagamohan Das

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 08TH DAY OF FEBRUARY, 2013

                      BEFORE

     THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

              W.P.NO.4831/2013 (T-TAR)
                        AND
              W.P.NO.6708/2013 (T-TAR)

BETWEEN:

INDIA ADVANTAGE FUND VII,
C/O ICICI VENTURES FUND
MANAGEMENT COMPANY LIMITED,
10TH FLOOR, PRESTIGE OBELIST,
KASTURBA ROAD,
BANGALORE - 560 001.
REPRESENTED BY
UJJWAL MADHUKAR DESHMUKH
                                     .... PETITIONER

(BY SRI.SAJJAN POORAYYA & SRI. SUJITH GOSH,
ADVOCATES)

AND:

1.     UNION OF INDIA,
       REPRESENTED BY ITS SECRETARY,
       MINISTRY OF FINANCE,
       DEPARTMENT OF REVENUE,
       NORTH BLOCK,
       NEW DELHI - 110 001.
                          2




2.   CENTRAL BOARD OF EXCISE AND CUSTOMS,
     DEPARTMENT OF REVENUE,
     MINISTRY OF FINANCE,
     REPRESENTED BY ITS CHAIRMAN,
     NORTH BLOCK,
     NEW DELHI - 110 001.

3.   COMMISSIONER OF SERVICE TAX,
     NO.16/1, 5TH FLOOR,
     S.P.COMPLEX, LAL BAGH ROAD,
     BANGALORE - 560 027.

4.   SUPERINTENDENT,
     ARREARS RECOVERY CELL,
     SERVCIE TAX COMMISSIONERATE,
     NO.16/1, 5TH FLOOR,
     S.P.COMPLEX, LALBAGH ROAD,
     BANGALORE - 560 027.
                               .... RESPONDENTS


(BY SRI.K.N.MOHAN, JUNIOR STANDING COUNSEL FOR
CENTRAL GOVERNMENT)

     THESE WRIT PETITIONS ARE FILED UNDER
ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO
QUASH S.NO.6 OF PARAGRAPH 2 OF THE IMPUGNED
CIRCULAR DT.1.1.13, ISSUED UNDER SEC.37B OF THE
EXCISE ACT DT.1.1.13, PRODUCED AT ANN-A TO THE
INSTANT WP.

     THESE    WRIT   PETITIONS   COMING   ON   FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
                             3




                         ORDER

Sri. K.N. Mohan, Junior Standing Counsel is directed to take notice for the respondent.

2. In these writ petitions, the petitioner has prayed for a writ directing the respondents not to initiate coercive steps for recovery of the demand made in the letter dated 29.02.2012- Annexure-D.

3. Annexure-D is an outcome of the order passed by the original authority under the provisions of the Service Tax Act. Learned counsel for the petitioner submits that against the order passed by the original authority an appeal is preferred before the Appellate Authority and the stay application is pending consideration. In the meanwhile the respondents have issued the impugned notice Annexure-D demanding payment of service tax as determined by the original authority. The stay application filed by the petitioner is 4 not considered since the Tribunal was not sitting for certain period. Now it is brought to my notice that the Tribunal commenced sitting from the first week of February 2013. In the circumstances the writ petitions are hereby disposed off directing the Tribunal to consider the stay application filed by the petitioner in the appeal before them within a time frame of three weeks. Till the disposal of the stay application by the Appellate Authority the respondents shall not take coercive steps against the petitioner. The Tribunal to expedite the matter without being influenced by any of the observations made in this order.

Three weeks time is granted to file memo of appearance.

Sd/-

JUDGE VM

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