TMI Blog2011 (11) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... t the amount of service tax levied remains payable when the power is exercised. The pendency of an appeal before the CESTAT or the Commissioner (Appeals) or before this Court does not in any manner whittle down the power under Section 87(c) of the Act. - Petitioner failed comply with the stay orders - decided against the assessee. - W.P.No. 29510 of 2011 - - - Dated:- 15-11-2011 - Shri V.V.S. Rao Shri Sanjay Kumar, JJ Represented by: Sri T Rajendra Prasad for Appellant Sri V. Gopala Krishna Ghokhale for Respondent JUDGEMENT Per: V V S Rao: 1. The petitioner assails two notices of attachment under Section 87(c) of the Finance Act, 1994 (the Act, for brevity) dated 28.10.2011 and 29.10.2011 issued by the sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le property of the petitioner valued approximately at ₹ 27.00 crores. 3. After the remand by this Court, the CESTAT passed orders on 18.04.2011 again granting waiver of pre-deposit and stayed recovery. This was again assailed in C.E.A. No.110 of 2011 by the Revenue. A Division Bench of this Court allowed the appeal on 19.10.2011 directing the CESTAT to entertain the appeal of the petitioner on condition of deposit of ₹ 80-00 crores (Rupees eighty crores only) under Section 35F of the Central Excise Act. A week thereafter, the second respondent issued the impugned notices. 4. The counsel for the petitioner would urge that Section 73C of the Act enables the Central Excise Officer to provisionally attach the property belongin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entire amount of service tax and penalty as determined by the Primary Authority by the order dated 11.06.2009 is directed to be deposited, we direct that the respondent shall deposit 1/3 rd of the amount of service tax and penalty, which comes about ₹ 80.00 crores as pre-deposit under Section 35F of the 1944 Act in its appeal preferred under Section 86 of the Service Tax Act. On such deposit, the Tribunal shall entertain the appeal of the respondent preferred against the order of the Commissioner, Customs, Excise and Service Tax, Guntur dated 11.06.2009. 7. As mandated by this Court, the Tribunal shall entertain the appeal only if the condition imposed by this Court is fulfilled by the petitioner. The condition imposed is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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