2013 (11) TMI 1310

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DGEMENT:- It is pointed out by respondent No.1 in the affidavit in reply dated 13 September 2013 of Mr. Bharat R. Nawale, Assistant Commissioner, Central Excise & Service Tax, Ratnagiri Division that the petitioner has still not paid an amount of Rs.10,80,903/- which is outstanding against the amount of Service Tax of Rs.46,80,101/- and CENVAT credit of Rs.1,65,698/- imposed on the petitioner v....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Constitution as it challenges the order in original passed by the adjudicating authority. It is submitted that the remedy of an appeal would have been much wider, then a writ petition, however, it would not mean that a Writ Petition would not be maintainable at all particularly when the petitioner has challenged mainly the order of penalty. It is further submitted that the petitioner has bee....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing heard learned Counsel for the parties, we pass the following order:-    (a) RULE.    (b) Heard learned Counsel for the question of interim relief.    (c) We record the statement of learned Counsel for the petitioner that the petitioner will pay amount of Rs.10,80,903/- with interest thereon within three weeks from today but under protest and without preju....