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The Commissioner of Central Excise, Customs & Service Tax Versus M/s. Kinship Services (India) Private Limited, The Manager, Karur Vysya Bank

2016 (4) TMI 837 - KERALA HIGH COURT

Restoration of appeal pending before CESTAT - Respondent submitted that it has deposited ₹ 50,00,000/- and has accounted the remaining ₹ 50,00,000/- towards the CENVAT credit which is due to the first respondent - Held that:- provided the first respondent remits the balance amount of ₹ 50,00,000/- (Rupees fifty lakhs only) which is still due in terms of Ext.P5 judgment by making payments of ₹ 25,00,000/- (Rupees twenty five lakhs only) within a period of three weeks from .....

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is deposited, the same will be kept in abeyance for a further period of three weeks awaiting further deposit of ₹ 25,00,000/-. If both such amounts are deposited, Ext.P9 will stand deferred and would thereafter be guided by any decision that the CESTAT may issue on Ext.P7 restoration application or on the appeal, if it is, ultimately, restored by the CESTAT. - Appeal disposed of - WA. No. 715 of 2016, WP (C). 10670/2016 - Dated:- 4-4-2016 - Thottathil B. Radhakrishnan And Anu Sivaraman Fo .....

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of Excise and Customs and the learned Senior counsel appearing for the first respondent. 4. The first respondent filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). A pre-deposit waiver order was sought for coupled with a request for stay of recovery. An order was issued by the CESTAT granting waiver except to the extent of ₹ 1,25,00,000/-. That was appealed against before this Court. In appellate jurisdiction, the amount required to be deposited was tri .....

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dent had approached this Court with the central excise appeal against the conditions imposed in the waiver order. The first respondent, thereupon filed an application for restoration of the appeal pending before the CESTAT. Pending that, the Department initiated further proceedings and Ext.P9 was issued notifying the first respondent that an amount of ₹ 5,05,70,159/- available in the Bank account of the first respondent will be appropriated by the Department. The learned single Judge has g .....

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anting two weeks after dismissing the first respondent's special leave petition. He argued that there is absolutely no legal foundation or jurisdictional basis on the impugned judgment. 6.Per contra, the learned Senior counsel appearing for the first respondent argued that his client has deposited ₹ 50,00,000/- and has accounted the remaining ₹ 50,00,000/- towards the CENVAT credit which is due to the first respondent and, therefore, there is no legal infirmity in the directions .....

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ore, we reject the submission on behalf of the first respondent that it was liable to pay ₹ 50,00,000/- and avail the support of the CENVAT credit of ₹ 50,00,000/-. This means that without depositing another amount of ₹ 50,00,000/-, the contents of Ext.P5 judgment, as also, the order of the Honourable Supreme Court of India for enlarging the time for payment, would not be satisfied. 8. The application pending before the CESTAT for restoration of the dismissed appeal is a matter .....

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