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TMI Blog2016 (1) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Petitioner is facing attachment and seizure by the Service Tax Department for substantial service tax dues not paid. It is not necessary to go into details of the matter since presently there is no final assessment of the petitioner's duty and penalty liabilities. The petitioner is seeking installments for depositing the amount demanded by the Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Application No.3620 of 2015 for the purpose of installments. By order dated 12.03.2015, Division Bench of this Court allowed the petitioner to withdraw the petition to make representation before the authorities. The petitioner made such representation to the Commissioner and cited Government Circulars to press for installments. The Commissioner, however, rejected such request by order dated 31.03 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial collected by the Department, such liability would not exceed Rs. 2.88 crores. The petitioner is willing to deposit the remaining amount in installments, subject to adjudication. 5. On the other hand, learned counsel Mr.Ravani for the Department submitted that, for the entire period between 2009 and 2014, the petitioner did not deposit any amount towards service tax, though substantial amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, on the following conditions: (i) The petitioner shall deposit with the Department, subject to adjustments and final adjudication, a total sum of Rs. 108 lakhs in six equal monthly installments starting from February, 2016; (ii) The monthly installments shall be deposited latest by the 7th day of the concerned month; (iii) Upon any two defaults in depositing the installments, the order for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court latest by 15.01.2016 to abide by the conditions imposed hereinabove. As soon as the petitioner files such undertaking, with a copy thereof to the respondents, the directions for releasing the bank accounts and the godowns would operate; (viii) The Department may attempt to initiate and complete the adjudication proceedings expeditiously. 7. We have not expressed any opinion on the rival c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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