Sharon Solutions (India) Pvt. Ltd, Rep by its Director and Authorized Signatory v. Customs, Excise and Service Tax, Chennai
2012-08-21
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondents. 2. The main contention of the learned counsel appearing on behalf of the petitioner is that the observation contained in the stay order, dated 12.06.2012, issued by the first respondent/Appellate Tribunal, that the petitioner had offered to make a Pre-deposit of Rs.1 Crore, in addition to the Bank Guarantee, for an amount of Rs.1.80 Crores, is incorrect. Even though the petitioner had stated that he would furnish a Bank Guarantee for an amount of Rs.1.80 Crores, as part of the Pre-deposit amount for the hearing of the appeal, there was no undertaking given on behalf of the petitioner that a Pre-deposit of a sum Rs.1 Crore would also be made. 3. On the other hand, the learned counsel appearing on behalf of the respondents, had stated that the petitioner had given an undertaking that Pre-deposit of Rs.1 Crore would also be made, within a period of eight weeks, as stated in the impugned order of the first respondent, dated 12.06.2012. 4. It has also been stated that the grounds raised by the petitioner, in the present writ petition, would have to be dealt with by the first respondent/Appellate Tribunal, as the order, dated 17.10.2011, issued by the second respondent, is under challenge in the said appeal before the Appellate Tribunal. 5. In such circumstances, this Court finds it appropriate to direct the petitioner to furnish a Bank Guarantee, for a sum of Rs.1 Crore, to the satisfaction of the second respondent, in addition to the Bank Guarantee furnished by the petitioner for a sum of Rs.1.80 Crores, pursuant to the impugned order passed by the first respondent, dated 12.06.2012. The petitioner shall furnish such Bank Guarantee within a period of two weeks from the date of receipt of a copy of this order. On the petitioner furnishing the Bank Guarantee, as directed by this Court, for a sum of Rs.1 Crore, the first respondent/Appellate Tribunal, shall hear the appeal filed by the petitioner and dispose of the same, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
On the petitioner furnishing the Bank Guarantee, as directed by this Court, for a sum of Rs.1 Crore, the first respondent/Appellate Tribunal, shall hear the appeal filed by the petitioner and dispose of the same, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner shall keep the Bank Guarantee for a total sum of Rs.2.8 Crores, valid and current, till the disposal of the appeal, by the first respondent/Appellate Tribunal. 6. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.