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Court: CESTAT Mumbai Date of Order: 2019-04-22

This application of Revenue seeks early hearing of appeal no. E/86789/2016 against order-in-original no. 23 to 25/COMMR(RS)/LTU-M/CX/2015-16 dated 31.03.2016 of Commissioner of Central Excise & Service Tax, LTU, Mumbai.


Court: CESTAT Mumbai Date of Order: 2019-04-22

It would appear from the record, and the submission of Learned Authorised Representative, that this plea is based only on the substantial revenue involved in the dispute.


Court: CESTAT Mumbai Date of Order: 2019-04-22

This is an appeal of an aggrieved assessee against whom liabilities have been confirmed. The maintainability of appeal, with concurrent stay of recovery of remaining demand and/or fines/penalties, are subject to pre-deposit prescribed in section 35F of Central Excise Act, 1944. Prior to such prescription, the Tribunal was vested with discretion to stay further recovery till the outcome of the appeal was decided subject to such pre-deposit as was prescribed by the Tribunal. In the changed circumstances of statutory disbarment of recovery beyond that prescribed in section 35F of Central Excise Act, 1944, an application for early disposal is not only a circumventing of this statutory disbarment but also directly in breach of legislative disbarment. Hence, a plea by Revenue based only on revenue consideration for early hearing of appeal of assessee or individual does not merit consideration.


Court: CESTAT Bangalore Date of Order: 2019-04-12

wrong address mentioned instead of appellant’s addresses mentioned in the concerned appeal papers and (ii) mention of Financial Year 2015-16 instead of 2016-17. He also prayed that the corrections may please be carried out.


Court: CESTAT Kolkata Date of Order: 2019-04-10

We find that since there is a conflict between the two Larger Bench of the Hon’ble Supreme Court, the matter is referred to the Chief Justice of India with a
request to constitute a Bench to decide on the issue. In this regard, the reference in the case of Mineral Area Deveplopment Authority & Others Vs. SAIL eported in(2011) 4 Supreme Court Cases 450, is reproduced below.


Court: CESTAT Ahmedabad Date of Order: 2019-04-08

Shri T.K. Sikdar, Ld. Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. He further submits that appellant have not raised the claim regarding the threshold limit before both the lower authorities and the same cannot be raised before this Tribunal. 


Court: CESTAT Kolkata Date of Order: 2019-04-08

The ld.Advocate appearing on behalf of the appellants/applicants, submits that since there is a conflict between the two Larger Bench of the Hon’ble Supreme Court, the matter is referred to the Chief Justice of India with a request to constitute a Bench to decide on the issue. In this regard, the reference in the case of Mineral Area Deveplopment Authority & Others Vs. SAIL reported in (2011) 4 Supreme Court Cases 450, is reproduced below


Court: CESTAT Bangalore Date of Order: 2019-04-05

We have thus no hesitation in concluding that the High Court has jurisdiction in appropriate case to consider the challenge against an order framing charge and also to grant stay but how such power is to be exercised and when stay ought to be granted needs to be considered further.


Court: CESTAT Bangalore Date of Order: 2019-04-03

Had the officials concerned applied their mind to the judgment as a whole, instead of selectively culling out certain expressions therein, the present problem and potential chaos could well have been avoided. It is abundantly clear from the narration of the background facts, the observations therein and the catena of decisions of the Hon’ble Supreme Court which have been discussed in detail that the controversy in re Asian Resurfacing of Road Agency Pvt Ltd pertained to delay arising from challenge to the framing of charges under the Prevention of Corruption Act, 1988. This needs no further elaboration in view of the observation that


Court: CESTAT Bangalore Date of Order: 2019-04-03

It is well accepted that delay in a criminal trial, particularly in the PC Act cases, has deleterious effect on the administration of justice in which the society has a vital interest. Delay in trials affects the faith in Rule of Law and efficacy of the legal system. It affects social welfare and development. Even in civil or tax cases it has been laid down that power to grant stay has to be exercised with restraint. Mere prima facie case is not enough. Party seeking stay must be put to terms and stay should not be incentive to delay. The order granting stay must show application of mind. The power to grant stay is coupled with accountability.