2015 (7) TMI 310

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....: P K Das: 1. The Appellant filed the application for restoration of appeal dismissed by Order No.A/10043/2015, dt.12.01.2015. 2. After hearing both the sides, we find that there is sufficient reason for recalling the Order dt.12.01.2015. The learned Advocate relied upon the decision of the Hon'ble Supreme Court in the case of M/s Balaji Steel Re-rolling Mills Vs Commissioner of C.Ex. & Cust....

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....GSPL) for development of Mora to Vapi Pipeline Project on EPC basis. On 25.02.2005, they received an amount of Rs. 35,19,00,000.00 by way of advance against the bank guarantee of equal amount from M/s GSPL. On 13.05.2005, Explanation 3 was inserted under Section 67 of Finance Act, 1994 as under:- "Explanation 3- For the removal of doubts, it is hereby declared that the gross amount charged for t....

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.... of tax alongwith interest and appropriated the same as deposited by them and also imposed penalty under Section 76, 77 & 78 of Finance Act, 1994. 5. It is seen from the impugned order that the Adjudicating Authority imposed penalties on the ground that the Appellant had suppressed the amount of advance received towards the value of the taxable service in the ST-3 return. There is no bonafide bel....

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....iling the writ petition before the Hon'ble High Court and obtained injunction, which is still pending as contended by the learned Advocate. Even though, they have paid entire amount of tax along with interest in the present proceedings which has already been appropriated by the Adjudicating authority. 7. In our considered view, when the Appellant challenged the levy of tax for the period prio....