2011 (9) TMI 542

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..... no fault of the petitioner and when the said application is still pending before the Tribunal, the authorities, at this stage, need not take any coercive steps based on the original order dated 23.11.2010.
K. Suguna, J. Joseph Prabhakar for the Appellant T.P. Mahadevan, Standing Counsel for Central Govt. for the Respondent JUDGEMENT K. Suguna: The writ petitions are filed challenging t .....

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..... f the Central Excise Act, 1944. 16. I demand and order recovery of Central Excise Duty of Rs.44,96,256/- (CENVAT Rs.43,65,297/- + Ed. Cess of Rs. 87,306/- + Sec. and Hr. Ed. Cess of Rs. 43,653/-) demanded vide SCN No. 61/2010 dated 20.04.2010 under the proviso to Section, 11A (1) of the Central Excise Act, 1944. 17. I demand and order recovery of Interest at the appropriate rate under Section1 .....

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..... er was adjourned to 14.09.2011. On 14.09.2011 also, there was no sitting of the Bench and subsequently also, there was no regular sitting and according to the learned counsel, as far as the issue in question is concerned, it has to be heard and orders have to be passed only by the Bench of the said Tribunal and not by a Single Member. For certain reasons, the sitting of the Bench has not been ther .....

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..... gular sitting of the Bench in the said Tribunal and it is also not disputed that the stay petition filed by the petitioner in the appeal filed as against the order dated 23.11.2010 has not been taken up only on account of the same. 4. Under these circumstances, I am of the opinion that when the petitioner has taken the required steps in time and when the stay application has not been taken up by .....

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..... 5. Further, it has been brought to the notice of this Court that not only in this case, but also in other matters, there is no regular sitting of the Bench of the Tribunal. Consequently, according to the learned counsel, number of matters, as on date, are pending and only in the event of the vacancy of Judicial Member of the Tribunal being filled up, the pending cases can be taken up and disposed .....

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