2016 (3) TMI 857

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....n to the third respondent to communicate the fact regarding quashing/withdrawal of such notices to all concerned and to the fourth respondent to allow all banking facilities normally. 2. The facts stated briefly are that an Order-in-Original dated 21st March, 2014 came to be passed against the petitioner confirming demand of service tax at Rs. 92,74,918/- with equal penalty. Against the said order, the petitioner preferred statutory appeal before the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as "the Tribunal") together with a stay application. The Tribunal, by an order dated 9th December, 2014 passed on the stay application, directed the petitioner to deposit an additional amount of Rs. 6 lakhs on or befor....

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....amount payable by the petitioner is to the tune of Rs. 33,07,279/-. Reference was made to the communication dated 28th October, 2015 addressed by the petitioner to the third respondent, to point out that the petitioner is entitled to collect a total amount of Rs. 55,40,122/- from M/s. Bridge & Roof Co. (India) Ltd. alone and that the petitioner has requested the third respondent to instruct M/s. Bridge & Roof Co. (India) Ltd. to pay such amount directly to the Service Tax Department with intimation to the petitioner. It was submitted that in the light of the fact that the balance amount outstanding is Rs. 33,07,279/-, whereas the amount due and payable by M/s. Bridge & Roof Co. (India) Ltd. is approximately Rs. 52 lakhs, the impugned notice....

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..... and the balance amount of Rs. 8 lakhs and odd would be paid by the petitioner within a period of two months from today. It was accordingly urged that the relief prayed for in the petition may be granted, subject to the respondents recovering the aforesaid amount from M/s. Bridge & Roof Co. (India) Ltd., and the petitioner may be granted some time for payment of the balance amount of interest. 6. Mr. Gaurang Bhatt, learned senior standing counsel for the respondents, under instructions stated that the respondents have no objection if the course of action as suggested by the learned counsel for the petitioner is adopted. He, however, submitted that liberty may be granted to the respondents to revive the petition in case such amount cannot ....