Disposed

M/s. Mohan Enterprises, v. The Assistant Commissioner of Central Excise

Telangana HC10 Apr 2013WP/10751/2013

Case brief

AI extract

What is this about?

The Court disposed of a writ petition by directing respondents not to initiate coercive recovery steps until the pending appeal and stay application before the appellate authority are decided.

What did the court decide?

Direction to respondents not to initiate coercive steps for recovery until the appellate authority decides the pending appeal and stay application.

M/s. Mohan Enterprises, Vs The Assistant… — Company and Corporate | Telangana HC (2013)

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THE HON’BLE Ms. JUSTICE G.ROHINI And

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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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WRIT PETITION No.10751 OF 2013

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Dated: 10.04.2013

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Between: M/s. Mohan Enterprises .. Petitioner And The Assistant Commissioner of Central Excise and 3 others

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.. Respondents

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THE HON’BLE Ms. JUSTICE G.ROHINI And THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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WRIT PETITION No. 10751 OF 2013

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ORDER: (Per Hon’ble Ms. Justice G.Rohini)

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As against the order of assessment made by the

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2^nd respondent, dated 28.09.2012, the petitioner preferred appeal No.107/2012 (V-II) ST along with an application for stay before the 3^rd respondent. The said appeal as well as the stay application are still pending. In the meanwhile, the 1^st respondent issued the impugned notice dated 26.03.2013 for recovery of the adjudged amounts purportedly on the basis of the circular dated 01.01.2013 issued by the 4^th respondent. Hence, the present writ petition.

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We have heard the learned counsel for the petitioner as well as Sri P.S.P.Suresh Kumar, the learned Standing Counsel for Customs and Central Excise.

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It is brought to our notice by the learned counsel for both the parties that in similar circumstances, various writ petitions were disposed of by this Court directing that no coercive steps should be initiated for recovery of the amount of liability determined against the petitioners therein till the stay petitions were decided by the appellate authorities.

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Having regard to the fact that the stay application filed by the petitioner herein along with the main appeal against the original order dated 28.09.2012 is admittedly pending before the Commissioner of Appeals, Visakhapatnam, we deem it appropriate to dispose of the writ

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petition at the stage of admission with a direction to the respondents, particularly the 1^st respondent not to initiate any coercive steps for recovery of the amount as determined in the original order dated 28.09.2012, if not already recovered, till the stay application filed by the petitioner is decided by the appellate Authority.

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It is made clear that the stay application as well as the appeal preferred by the petitioner shall be decided by the appellate Authority without having regard to any of the observations made in this order.

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The Writ Petition is accordingly disposed of.

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No costs. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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_____________ G.ROHINI, J

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_______________________ C.PRAVEEN KUMAR, J Date: 10.04.2013 Ivd/ssp

M/s. Mohan Enterprises, v. The Assistant Commissioner of Central Excise

Case brief

What is this about?

What did the court decide?

M/s. Mohan Enterprises, v. The Assistant Commissioner of Central Excise

Case brief

What is this about?

What did the court decide?

What the court decided

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