2011 (7) TMI 1269

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t/s : Mrs. Nivedita Nirvikar, Sr. Standing Counsel with Mrs. Archana Sinha, Jr. Standing Counsel. ORAL ORDER This Petition under Article 226 of the Constitution is filed by M/S Bharat Sanchar Nigam Ltd. (hereinafter referred to as the Nigam ) against the order dated 18th April 2011made by the Central Customs, Excise and Service Tax Appellate Tribunal, East Regional Bench, Kolkata (here .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t made later by the Nigam. The condition of deposit of a sum of ₹ 2.00 crores pending the appeal imposed by the Tribunal is unreasonable. In support of his submission Mr. Rastogi has relied upon the judgment of the Hon ble Supreme Court in the matters of Bharat Petroleum Corp. Ltd. Vs. Commissioner of Sales Tax and Others [2008] 17 VST 162 (SC)] and M/S Indian Oil Corporation Ltd. Vs. The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rs and should not deposit the same consecutively for three years. The Nigam was in default for a sum of ₹ 5, 66,29,510.00. For the said deficit the Nigam is also liable to pay interest and the penalty. Making payment later is no excuse for short payment made earlier. Considering the total demand including the amount of penalty and interest, direction to pay a sum of ₹ 2.00 crores canno .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X