TMI Blog2017 (4) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... of oral submission of the learned counsel on procedural issues, arising subsequent to delivery of the judgement by the learned First Court - We do not find any purpose would be served in keeping the appeal pending, having regard to our finding on merit of the case in the stay petition - appeal dismissed. - FMA No. 4749 of 2016, CAN No. 8937 of 2016 - - - Dated:- 12-4-2017 - Aniruddha Bose And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same from M/s Sova Power Ltd. under proviso to erstwhile Section 11A(1) and Section 11A(10) of the Central Excise Act, 1944. ii. I impose interest at appropriate rate under provision of Section 11AA (Erstwhile Section 11AB) of Central Excise Act 1944. iii. I impose Penalty ₹ 3,52,99,354/- (Rupees Three Crore Fifty-two lakh Ninety-nine thousand Three hundred Fifty-four only) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f appeal under Section 35B of the said Act before the Central Excise and Service Tax Appellate Tribunal against the order of the adjudicating authority. Mr. Dhar, learned Counsel on behalf of the appellant submits that at the time the matter was being heard before the learned First Court, a circular issued on 1st February, 2017 by the Department of Revenue of Finance, Government of India, could no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t could have had interfered. In course of hearing before us, it was being submitted by Mr. Dhar that there is no permanent Division Bench of the Tribunal at present and the appeal against the order of the adjudicatory authority would have to be examined by a Division Bench only. There is no pleading to that effect in the stay petition. Moreover, we are to examine the legality of the judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do not find any purpose would be served in keeping the appeal pending, having regard to our finding on merit of the case in the stay petition. Learned Counsel for the Revenue waives notice of appeal. We accordingly take up the appeal also for hearing dispensing with the requirement to issue notice of appeal and compliance of other formalities. The appeal shall also stand dismissed on the reasonin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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