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2014 (11) TMI 25

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....ndent : M/s M. Padhi (Sr. Standing Counsel) ORDER B. N. Mahapatra, J. This Writ Petition has been filed with a prayer to quash the notice dated 20.08.2014 (Annexure-3) issued by opposite party No.1- Deputy Commissioner, Central Excise, Customs and Service Tax, Cuttack Division, Cuttack for recovery of Rs. 11,44,54,732/- levied towards interest from the petitioner. The further prayer of the pe....

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.... filing the appeal. The said Appeal and stay petition are pending adjudication before opposite party No.3. Similarly, with regard to the recovery of demand pertaining to year 2011-12 and 2012-13, the petitioner has requested opposite party No.1 and opposite party No.2- Commissioner of Central Excise, Customs and Service Tax, Bhubaneswar to reconcile the petitioner's payment position and to ascerta....

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....2011-12 is barred by limitation. Therefore, Mr.Sahoo prays for passing of appropriate order restraining the opposite parties from taking any coercive action against the petitioner in terms of Annexure-3. Mr.Sahoo further submitted that since no officer has been posted as the Commissioner (Appeals), the appeals along with the stay petitions filed by the petitioner could not be disposed of and pendi....

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....eady been met. 4. Undisputedly, in the present case, the petitioner preferred appeal against the levy of interest pertaining to years 2010-11 and 2011-12 along with petitions for stay of recovery of the interest amount till disposal of the appeal. While preferring appeal, the petitioner made a pre-deposit as stated above. Petitioner asserted to have made deposit of Rs. 1,84,57,996/- against levy ....