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Madras High CourtWP/34305/2013closed

M/S.Adonis Electronics v. The Commissioner Of Central

2018-01-08Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2018

CORAM

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.No.34305 of 2013 & M.P.No.1 of 2013 M/s.Adonis Electronics Private Limited, Represented by its Director, Mr.Kunhiraman Pallen, No.18, 4th Lane, Nungambakkam, Chennai 600 034 ... Petitioner Vs 1.The Commissioner of Central Excise (Appeals) 121, M.G.Road, Nungambakkam, Chennai 600 034.

2.The Additional Commissioner of Service Tax, 692, MHU Complex, Nandanam, Chennai 600 035.

... Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus to call for the records of the impugned order in stay petition No.208/2013 dated 20.11.2013 of the first respondent in so far as it seeks to direct the petitioner to pre-deposit a sum of 50% of the disputed in Appeal No.319/2010(MST) and quash the same and to direct the first respondent to dispose the appeal on merits without insisting on any pre-deposit pending before the first respondent.

For Petitioner ::

Mr.C.Saravanan For Respondents ::

Mr.K.S.Ramasamy Standing Panel Counsel

O R D E R

The petitioner has filed this writ petition challenging the order passed by the first respondent/The Commercial Central Excise (Appeals) directing the petitioner to pre-deposit 50% of the sales tax as demanded.

2.The learned counsel for the petitioner submits that subsequently during the pendency of the writ petition, CESTAT https://hcservices.ecourts.gov.in/hcservices/

has disposed of the appeal petition filed by the petitioner and the same has been allowed and the order has been setaside and remanded for fresh consideration.

3.In the light of the same, it is unnecessary to test the correctness of the impugned order. Accordingly, this writ petition is closed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar maya/sai To 1.The Commercial Central Excise (Appeals) 121, M.G.Road, Nungambakkam, Chennai 600 034.

2.The Additional Commissioner of Service Tax, 692, MHU Complex, Nandanam, Chennai 600035.

1 cc to C.Saravanan, Advocate (SR NO.1478) 1 cc to K.S.Ramasamy, Advocate (SR No.1418) ksa (03.02.2018) W.P. No.34305 of 2013 https://hcservices.ecourts.gov.in/hcservices/