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2016 (7) TMI 236 - MADRAS HIGH COURT

2016 (7) TMI 236 - MADRAS HIGH COURT - TMI - 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 petitioner pleads that the petitioner may be permitted to file an appeal against the impugned order before the Commissioner (Appeals). Admittedly, the period of limitation stipulated for filing the appeal h .....

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ner : Mr. K. Vaitheeswaran For the Respondent : 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 petitioner has filed this writ petition challenging the order passed by the respondent dated 12.09.2014 whereby the service tax credit on the input services attributable to trading sales was demanded and a sum of .....

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permitted to file an appeal against the impugned 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 now presented would be barred by limitation and beyond condonable limitation by the Commissioner (Appeals). 4. Under normal circumstances, this Court exercising jurisdiction under Article 226 of the Consti .....

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