Disposed

Ivrcl - Kbl (Jv) v. The Commissioner of Central Excise

Telangana HC25 Feb 2014CEA/6/2014

Case brief

AI extract

What is this about?

The High Court set aside the Tribunal's order dismissing an appeal for default. The Court ordered the appellant to deposit the specified amount and pay costs within seven days to restore the appeal to the Tribunal onwcond that terms and, failing which, the Tribunal's order shall revive.

What did the court decide?

Impugned order set aside contingent on deposit of assessed amount and costs within seven days; appeal restored to Tribunal.

Ivrcl - Kbl (Jv) Vs The Commissioner of Central Excise — Company and Corporate | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR

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CENTRAL EXCISE APPEAL No. 6 of 2014

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Date: 25.02.2014

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Between:

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M/s. IVRCK – KBL (JV), Vijayanagar Colony, Hyderabad.

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… Appellant

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And The Commissioner of Central Excise, Customs & Services Act, Hyderabad-II Commissionerate, Hyderabad & another.

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… Respondents

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This Court made the following:

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR CENTRAL EXCISE APPEAL No. 6 of 2014

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JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)

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We have heard the learned counsel for the appellant and we dispose of the appeal without observing any formality.

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The learned Tribunal has passed the impugned order on an application made for extension of time to deposit the amount in terms of order dated 04.06.2013 of the learned Tribunal. Instead of considering the prayer for extension, the learned Tribunal has found that there is a default in payment of the amount and on that ground, it dismissed the appeal.

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According to us, the learned Tribunal has not considered the application for extension at all. Once we thought that the matter ought to be remanded, however, to cut short the time, we pass the following order:

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In the event, the appellant deposits the amount in terms of order dated 4.6.2013 of the learned Tribunal and pays costs to the respondent assessed at Rs.5,000/- (Rupees Five Thousand Only), the order of the learned Tribunal, impugned herein, shall stand set aside. Consequently, the appeal will stand restored to the file of the learned Tribunal. This deposit and payment of costs have to be made within seven days from the date of receipt of a copy of this order, failing which, this order shall stand recalled and the impugned order of the learned Tribunal will stand revived automatically.

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The appeal is accordingly disposed of.

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___________________ K.J. SENGUPTA, CJ

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___________________ SANJAY KUMAR, J

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Date: 25.02.2014 ES

Ivrcl - Kbl (Jv) v. The Commissioner of Central Excise

Case brief

What is this about?

What did the court decide?

Ivrcl - Kbl (Jv) v. The Commissioner of Central Excise

Case brief

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What did the court decide?

What the court decided

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