High Court of KeralaWP(C)/7142/2015disposed of

Anas Babu v. Union Of India

2015-03-06Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(C).No. 7142 of 2015 (P) --------------------------- PETITIONER(S):

------------- ANAS BABU, FIRDOUSE, T.C., 4/1936(9), MELARKONAM LANE, PANDIT COLONY, KOWDIAR, TRIVANDRUM-695 003.

BY ADVS.SMT.R.CHITRA SRI.B.RAVINDRAN NAIR SRI.G.ANANTHANARAYANAN.

RESPONDENT(S):

--------------

1. UNION OF INDIA, REPRESENTED BY REVENUE SECRETARY, MINISTRY OF FINANCE, NEW DELHI-110 001.

2. THE COMMISSIONER OF CENTRAL, EXCISE & CUSTOMS (APPEALS), CR BUILDINGS, IS PRESS ROAD, COCHIN-682 018.

3. COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, ICE BHAVAN, PRESS CLUB ROAD, TRIVANDRUM-695 001.

4. ADDITIONAL COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, ICE BHAVAN, PRESS CLUB ROAD, TRIVANDRUM-695 001

5. SUPERINTENDENT OF CENTRAL EXCISE & CUSTOMS, ICE BHAVAN, PRESS CLUB ROAD, TRIVANDRUM-695 001. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EXCISE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 7142 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS :

---------------------- EXT. P1TRUE COPY OF THE APPEAL AND STAY PETITION FILED BY THE PETITIONER IN RESPECT OF ORDER IN ORIGINAL NO.89/2014 ST (ADC) DT.26-02-2014 BEFORE THE SECOND RESPONDENT. EXT. P2TRUE COPY OF THE LETTER DT.30-05-2014, ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER ACKNOWLEDGING THE RECEIPT OF THE APPEAL.

EXT. P3TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DT.24/02/2015.

RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 6th day of March, 2015 J U D G M E N T Against orders confirming a demand of service tax and penalty on the petitioner, the petitioner had preferred Ext.P1 appeal and stay petition before the 2nd respondent. The apprehension of the petitioner is that even before considering the stay petition, recovery steps will be initiated against the petitioner for recovery of the amounts confirmed against him by the orders against which Ext.P1 appeal has been filed.

2. Heard Smt.R.Chitra, the learned counsel for the petitioner and Sri.Thomas Mathew Nellimoottil, the learned Standing counsel for Central Board of Excise and customs.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:

i. The 2nd respondent shall consider and pass orders on the stay petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner.

ii. It is made clear that pending passing of the

orders as directed and communicating the same to the petitioner, the 2nd respondent shall ensure that no recovery of coercive steps are initiated or continued against the petitioner for realization of the amounts due under the orders against which Ext.P1 appeal was filed.

iii. The order to be passed by the 2nd respondent shall be a reasoned one adverting to the contentions of the petitioner regarding existence of a prima facie case for a stay of recovery pending disposal of the appeal.

A.K.JAYASANKARAN NAMBIAR JUDGE mns