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M/s. Wabco India Limited Versus The Joint Commissioner of Central Excise

2016 (7) TMI 236 - MADRAS HIGH COURT

Cenvat Credit - service tax credit on the input services attributable to trading sales - Though the petitioner had challenged this order by filing the writ petition, the petitioner has paid the entire amount without prejudice to their rights. - The p .....

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g the peculiar facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to file an appeal before the Commissioner (Appeals) and if such appeal is filed within a period of 30 days from the date of receipt .....

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: Mr. K. Mohana Murali ORDER Heard Mr.K.Vaitheeswaran, learned counsel for the petitioner and Mr.K.Mohana Murali, learned standing counsel for respondent and with their consent, the writ petition is disposed of at the admission stage. 2. The petitio .....

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ered under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11A(10) of the Central Excise Act, 1944. Apart from that, appropriate interest has also been demanded and a penalty of ₹ 9,76,290/- has been imposed. 3. Though the petitioner .....

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gned order before the Commissioner (Appeals). Admittedly, the period of limitation stipulated for filing the appeal has already over. Therefore, technically the Commissioner (Appeals) would not be in a position to entertain the appeal, as the appeal .....

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mputation of limitation nor it would issue direction de hors the limitation stipulated under the statute. But in the instant case, two issues have prevailed upon for this Court to issue directions firstly that the writ petition was pending in this Co .....

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