2012 (11) TMI 641

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....dent determining the service tax, interest and the penalty payable by the petitioner. The petitioner filed the appeals in Nos. E/1159/2009 and E/1160/2009 challenging the said order before the Customs, Excise and Service Tax Appellate Tribunal, Bangalore, (for short 'the CESTAT'). In the said appeals, the petitioner has filed the Applications Nos. E/Stay/789/09 and E/Stay/790/09 seeking exemption from making pre-deposit as provide under Section 35-F of the Central Excise Act, 1944. The CESTAT has passed an order at Annexure-C dated 19-5-2010 waiving the pre-deposit and also granting stay of recovery, pursuant to the order-in-original referred to above. The Revenue filed an appeal before the Division Bench of this Court in CEA No. 112/2010 c....

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....side and assessee should deposit the amount which is the subject matter of the appeals before the CESTAT. The petitioner filed a memo as per Annexure-E dated 5-9-2011 before the CESTAT to take up the appeals for final disposal. This was followed by yet another memo at Annexure-F dated 20-9-2011 for the similar purpose. Thereafter, the petitioner sent a letter to the Superintendent of Central Excise, Bangalore, as per Annexure-G dated 21-9-2011, requesting him not to take action to recover the disputed tax till the appeals are disposed of. 4. It is not in dispute that the appeals were listed on 3-10-2011 and on that day, the matters were heard and reserved for orders. However, the CESTAT has not passed the orders till this day. In th....