2011 (9) TMI 542

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... JUDGEMENT   K. Suguna:   The writ petitions are filed challenging the order dated 23.11.2010 whereby the petitioner was informed unless the petitioner pays the arrears of revenue to the tune of Rs.1,94,27,524/-, coercive steps will be taken.   2. According to the learned counsel for the petitioner, the petitioner company is a holder of Central Excise Registration Certif....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Central Excise Act, 1944.   17. I demand and order recovery of Interest at the appropriate rate under Section11AB of the Central Excise Act, 1944.   18. I impose a penalty of Rs.52,17,506/- on M/s. Bonfiglioli Transmissions (Pvt.) Ltd., Plot No. AC 7 - AC11, SIDCO Industrial Estate, Chennai - 600 044, under Section 11AC of the Central Excise Act, 1944.   19. I impose a pen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to be passed only by the Bench of the said Tribunal and not by a Single Member. For certain reasons, the sitting of the Bench has not been there regularly till date. Consequently, neither the stay application has been taken up nor the main appeal has been heard though it is numbered. The learned counsel further submitted that during the pendency of the appeal, this impugned order has been passed a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r these circumstances, I am of the opinion that when the petitioner has taken the required steps in time and when the stay application has not been taken up by the Appellate Tribunal for no fault of the petitioner and when the said application is still pending before the Tribunal, the authorities, at this stage, need not take any coercive steps based on the original order dated 23.11.2010. The Bar....