9911796707
TMI Blog2014 (2) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 22 January 2014 and 23 January 2014, the Assistant Commissioner of Service Tax has called upon the Petitioner to reverse CENVAT credit of Rs.22.28 crores and also pay the applicable interest and penalty, as confirmed by the order dated 27 December 2013 of the Commissioner of Service Tax. The order dated 27 December 2013 was served upon the Petitioner on 2 January 2014. 2. At the request of the counsel for the parties, this petition is taken up for final disposal at the time of admission. 3. Under the Finance Act, 1994 read with Central Excise Act, 1944, the Petitioner has a statutory period of three months available to file an appeal along with stay application before Customs, Excise and Service Tax (Appellate) Tribunal (`Tribunal') fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng upon the Petitioner to reverse the excess CENVAT credit along with applicable interest and penalty within two days, failing which coercive proceedings for recovery was threatened. 6. This petition challenges the two communications dated 22 January 2014 and 23 January 2014 issued by the Assistant Commissioner of Service Tax. 7. Mr.Prasad Paranjape, the learned counsel for the Petitioner states that the action of the Respondent Revenue in seeking to recover the service tax as confirmed by order dated 27 December 2013 even where the statutory period of three months to file an appeal against the order of Commissioner of Service Tax has not yet expired, is bad in law and without jurisdiction. It is submitted that the action of the Assistant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal to the Tribunal. In this case, the impugned communications are issued without waiting for the statutory period of three months provided to enable the filing of an appeal and stay application to the Tribunal is over. This is contrary to the circular dated 1 January 2013 issued by CBEC. The impugned communications, to say the least, is high handed. The statute has advisedly provided a period of three months to an assessee to file an appeal before the appellate authority and also obtain a stay. This is with a view to enable the assessee to seek proper advice and considered opinion on the adjudication order before taking a decision and then challenging the adjudication order in appeal proceedings. 10. In case, the Revenue is allowed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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