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Madras High CourtCMP/10023/2019dismissed as infructuous

M/S.Honda Motor India Pvt Ltd v. The Commissioner Of Central Excise And Service Tax

2019-06-25Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of June Two Thousand Nineteen PRESENT THE HON`BLE DR JUSTICE VINEET KOTHARI AND THE HON`BLE MR JUSTICE C.V. KARTHIKEYAN CMP No.10023 of 2019 IN CMA.1179/2018 M/S.HONDA MOTOR INDIA PVT LTD [ PETITIONER ] NO.2, PANAPAKKAM VILLAGE, KARANODAI PERIYAPALAM ROAD, UTTUKOTTAI TALUK TIRUVALLUR 102 TAMILNADU Vs 1 THE COMMISSIONER OF CENTRAL EXCISE [ RESPONDENTS ] AND SERVICE TAX, CHENNAI OUTER COMMISSIONERATE.

2 THE CUSTOM EXCISE AND SERVICE TAX APPELLATE TRIBUANL SHASTRI BHAVAN ANNEX, CHENNAI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the proceedings pursuant to the Recovery notice NO.O.C.No.14/2019 dated 26.3.2019 issued by the Department until (CMP.10023/2019) final disposal of the CMA.1179/2018 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.LAKSHMIKUMARAN, Advocate for the petitioner and of MR.T.R.SENTHILKUMAR, STANDING COUNSEL on behalf of the Respondents the court made the following order:- The learned counsel appearing for the Assessee submits that C.M.P.No.

10023 of 2019 has become infructuous in view of the letter of the Respondent Department dated 21.06.2019 placed before us in which it is stated that no recovery action has been initiated against the Assessee and the earlier letter dated 26.03.2019 for the said purpose was therefore treated as withdrawn. https://hcservices.ecourts.gov.

2.

In view of the above said submissions, the Civil Miscellaneous Petition is dismissed as infructuous. 3.

Put up the Civil Miscellaneous Appeal after four weeks for hearing.

-sd/- 25/06/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, CHENNAI.

C.C. to M/S.LAKSHMIKUMARAN Advocate SR.NO.7959 Order in CMP.10023/2019 in CMA.1179/2018 Date :25/06/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 28/06/2019 https://hcservices.ecourts.gov.in/hcservices/