Samtel Thales Avionics Ltd. v. Commissioner Of Services Tax-Delhi-Ii

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3297/2017 SAMTEL THALES AVIONICS LTD.

..... Petitioner Through:

Mr. Rupesh Kumar AND Mr. Pravesh Bahuguna, Advocates versus COMMISSIONER OF SERVICES TAX-DELHI-II ..... Respondent Through:

Mr. Manpreet Singh, Sr. Standing Counsel with Mr. Suresh Chaudhary and Ms. Namrata Bharti, Advocates

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 19.04.2017 Learned counsel for the petitioner submits that the petitioner, in addition to the filing of the present petition, has also made a representation to the respondent on 08.03.2017 and the representation is still pending. Learned counsel for the petitioner seeks to place reliance on judgment of the Supreme Court in 'Commissioner of Central Excise Vs. M.P.V. Engg. Industries', 2003 (153) ELT 485 (SC).

Learned counsel for the respondent submits that the respondent shall consider and dispose of the representation within a period of three weeks from today.

In view of the above the petition is disposed of directing the respondent to dispose of the representation of the petitioner within a W.P.(C) 3297/2017

period of three weeks from today. The respondent shall also take into account the judgment of the Supreme Court in M.P.V. Engg. Industries' (Supra).

It is clarified that this court has not expressed any opinion with regard to the applicability of otherwise of the judgment in M.P.V. Engg. Industries' (Supra). The respondent would be at liberty to consider the same in accordance with law.

Order dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 19, 2017 'rs'

W.P.(C) 3297/2017