2014 (4) TMI 1176 - HC - Service Tax

Maintainability of petition - requirement of pre-deposit - Section 35F of the Central Excise Act, 1944 - Held that - learned senior counsel for both the parties have fairly stated that we need not record any reasons for disposing of the writ petition and have agreed for this order - petition dismissed, being ineffective.

Summary

Issues involved:
Challenge against the order of the Customs, Excise and Service Tax Appellate Tribunal regarding the deposit of 50% assessed tax for hearing of appeal under Section 35F of the Central Excise Act, 1944.

Analysis:
The writ petition challenged the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) directing the petitioner to deposit 50% of the assessed tax as a condition for hearing their appeal. The High Court heard the Advocate General for the petitioner and the Additional Solicitor General for the respondents. Both parties agreed that reasons need not be recorded for disposing of the writ petition.

The High Court ordered the petitioner to deposit Rs. 25.00 Crores with the CESTAT by the end of June 2014 and provide a Bank Guarantee for an additional Rs. 25.00 Crores from a Nationalized Bank, to be kept alive until the appeal's disposal. The CESTAT was directed to consider and decide the appeal expeditiously, preferably within six months, with all contentions of the parties kept open. Failure to comply with the order would result in the revival of the impugned order dated 20th December 2013.

The High Court clarified that the petitioner's agreement to deposit the amount and furnish the Bank Guarantee was without prejudice to their rights and contentions on the merits of the case. The writ petition was disposed of with these observations, rendering the impugned order ineffective. The judgment provided a detailed resolution to the issue raised regarding the deposit requirement for the appeal, ensuring a fair process while maintaining the petitioner's rights and contentions.