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2013 (4) TMI 251

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..... -deposit and for grant of stay of levy of the tax, interest and penalties, as the case may be - A fact not disputed by the Revenue We consider it appropriate to dispose of the writ petitions directing the respondents not to initiate any coercive measures for recovery of the Central Excise liability or Service Tax liability or interest and penalties, as the case may be, as assessed in the Order .....

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..... r Reddy, SR SC for Customs and Central Excise. JUDGEMENT:- 1. Heard the counsel for the petitioner and Sri A. Rajashekar Reddy, Sri Gopala Krishna Gokhaley and Sri Jalakam Sathyaram, learned Standing counsel for the respondents in the several writ petitions. 2. As the core of the grievances presented in these writ petitions falls within a narrow compass in so far as the judicial review i .....

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..... s in Appeals, as the case may be. It is the common refrain in the writ petitions, reiterated in oral argument by the learned counsel that the Bangalore Bench of the Tribunal is not functioning on account of a vacancy in the office of the Technical Member; and the Tribunal is unable therefore to take up the petitioners applications for waiver for pre-deposit and for grant of stay of levy of the tax .....

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..... , interest and penalties, as determined, by the Orders-in-Original or as confirmed in orders in appeal, as the case may be. 5. Having heard learned counsel for the respective parties and in the context of the current ineffectual functioning of the Tribunal, a fact not disputed by the Revenue, we consider it appropriate to dispose of the writ petitions directing the respondents not to initiate an .....

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