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M/S. Sri Devi Oil Mills Ltd. & Another v/s The Customs Excise And Service Tax Appellate Tribunal & Others


Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- SRI DEVI OIL PRIVATE LIMITED [Active] CIN = U15142TZ1993PTC004370

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

    Writ Petition No.46564 of 2006, 46565 of 2006

    Decided On, 11 October 2012

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN

    For the Petitioners: T. Ramesh, Advocate. For the Respondents: R1, Tribunal, R2, K. Ravi Anantha Padmanabhan, SCGSC.



Judgment Text

(This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the case in impugned final orders Nos.904 & 905/06 dated 25.09.2006 passed by the 1st respondent herein and to quash the said final orders and consequently direct the 1st respondent to pass the fresh order directing the Commissioner (Appeals) to hear the appeals without insisting upon the pre deposit of the 50% of the amount confirmed by the adjudicating authority.)

(This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the case in impugned final orders Nos.904 & 905/06 dated 25.09.2006 passed by the 1st respondent herein and to quash the said final orders and consequently direct the 1st respondent to pass the fresh order directing the Commissioner (Appeals) to hear the appeals without insisting upon the pre deposit of the 50% of the amount confirmed by the adjudicating authority.)

Heard the learned counsels appearing for the parties concerned.

2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that this Court may be pleased to direct the first respondent to dispose of the appeal filed by the petitioner, in Appeal No.F.No.C3/584/D/2005-SEA, dated 18.10.2005, on merits and in accordance with law, on the petitioner depositing a sum of Rs.2,50,000/- as the differential duty, said to be payable by the petitioner.

3. The learned counsel appearing for the second respondent has no objection for such a direction being issued by this Court, as prayed for by the petitioner.

4. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioner shall deposit a sum of Rs.2,50,000/- before the appropriate authority, within a period of two weeks from the date of receipt of a copy of this order. On such deposit being made by the petitioner, the first respondent shall dispose of the appeal filed by the petitione

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r, in Appeal No.F.No.C3/584/D/2005-SEA, dated 18.10.2005, on merits and in accordance with law, within a period of three months thereafter. The writ petition is ordered accordingly. No costs. Connected M.P.No.2 of 2006 is closed.
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