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of <h1>Tribunal Halts Coercive Action, Criticizes Department for Unfair Recovery Proceedings</h1> <h3>M/s. APEEJAY SURRENDRA PARK HOTELS LIMITED Versus COMMISSIONER OF SERVICE TAX, KOLKATA</h3> The Tribunal directed the Department not to take coercive action pending the hearing of the Stay Petition, allowing an early hearing for the Applicant. It ... Recovery proceedings while stay application is pending for disposal - Non disposal of stay application - Held that:- delay in disposal of stay applications before this Tribunal, the Department is also equally responsible in as much as for the last one year, the Commissioner’s post has been lying vacant and also, the senior most AR (Additional Commissioner), posted in this Bench has been on training for last two months and no replacement has been provided. Besides, sufficient number of ARs has not been posted. The Department, accordingly, has been taking adjournments frequently. In these circumstances, initiation of recovery proceeding for not disposal of the stay applications before this Tribunal for no fault of the assesses, is unfair and unwarranted - department directed not to take coercive action against the Applicant. Issues:1. Early hearing of the Stay Petition.2. Recovery of outstanding dues based on a Circular dated 01.01.2013.3. Defiance of rulings of various High Courts.4. Delay in disposal of stay applications.5. Unjust initiation of recovery proceedings.Analysis:1. The judgment addressed the issue of early hearing of the Stay Petition filed by the Applicant. The Chartered Accountant for the Applicant highlighted a recovery notice sent by the Assistant Commissioner for outstanding dues confirmed against an Order-in-Original. The Applicant responded by quoting judgments of different High Courts, arguing against the validity of a Circular dated 01.01.2013. The Department contended that the High Court judgments cited by the Applicant were not applicable since the Applicant was not a party to those cases or had obtained a stay order. The Tribunal noted the delay in disposing of stay applications and directed the Department not to take coercive action, allowing the Applicant's plea for an early hearing.2. The issue of recovery of outstanding dues based on a Circular dated 01.01.2013 was also addressed. The Tribunal observed a blatant defiance of rulings by various High Courts regarding the recovery of confirmed dues against the Circular. The Tribunal criticized the Department for initiating recovery proceedings during the pendency of stay petitions, emphasizing the unfairness of such actions. The Tribunal highlighted the responsibility of the Department in delaying the disposal of stay applications and directed the Department not to take coercive action pending the hearing of the Stay Petition.3. The judgment discussed the defiance of rulings of various High Courts regarding recovery proceedings. The Tribunal expressed concern over the Department's disregard for High Court judgments related to recovery of dues against the Circular issued by CBEC. The Tribunal emphasized the unfairness of initiating recovery proceedings based on a quashed Circular, especially when stay applications were pending before the Tribunal. The judgment underscored the need for adherence to legal precedents set by High Courts in such matters.4. The issue of delay in disposal of stay applications was highlighted in the judgment. The Tribunal noted the delay in processing stay applications, attributing it to vacancies in key positions within the Department and insufficient staffing. The Tribunal criticized the Department for seeking adjournments frequently, leading to delays in resolving stay applications. The judgment emphasized the impact of such delays on taxpayers and deemed the initiation of recovery proceedings unjust due to the Department's role in prolonging the resolution process.5. The judgment addressed the unjust initiation of recovery proceedings during the pendency of stay applications. The Tribunal deemed the Department equally responsible for delays in processing stay applications, citing vacancies and training as contributing factors. The judgment emphasized the unfairness of penalizing taxpayers for delays caused by the Department and directed a halt to coercive actions pending the hearing of the Stay Petition. The Tribunal's decision aimed to ensure a fair and just process for the Applicant amidst administrative challenges faced by the Department.
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