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Bombay High CourtCEXA/127/2017dismissed

Commissioner Of Service Tax Vi Mumbai Commissioneratee v. M/S Gupshup Technology India Pvt Ltd

2018-08-21Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

37-CEXA-127-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENRAL EXCISE APPEAL NO. 127 OF 2017 The Commissioner of Service Tax - VI, Mumbai Commissionerate ... Appellant

Versus

M/s. Gupshup Technology India Pvt. Ltd.

...Respondent

Mr. M. Dwivedi with Ms. Ruju R. Thakker for the Appellant. Mr. Rohan Deshpande, for Respondent.

CORAM:

M.S.SANKLECHA & RIYAZ I. CHAGLA, JJ.

DATED:

21ST AUGUST, 2018 PC:- 1.

This Appeal under Section 35G of the Central Excise Act, 1944 (Act) is against order dated 6th September, 2016 of the Central Excise and Service Tax Appellate Tribunal (Tribunal). 2.

The basic grievance of the Revenue is that the impugned order dated 6th September, 2016 rejecting the Revenue's stay application filed in its pending Appeal from the order dated 11th May, 2016 of the Commissioner (Appeals) of Service Tax - II, Mumbai is an order without reasons and therefore not sustainable. Jitendra Shankar Nijasure 3.

The learned counsel for the parties state that the Appeal of the Revenue before the Tribunal from the order dated 11th May, by Jitendra Shankar Nijasure Date:

2018.08.27 11:46:14 +0530 2016 of the Commissioner (Appeals) of Service Tax has been 1/2

37-CEXA-127-2017.DOC finally disposed of on 9th November, 2017. Thus the present Appeal is rendered infructuous.

4.

Accordingly, this Appeal is dismissed as infructuous. ( RIYAZ I. CHAGLA J. ) (M.S.SANKLECHA, J.) 2/2