2017 (4) TMI 91

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... counsel for the appellant and Mr. Choudhury Satyajit Mishra, learned Senior Standing Counsel for the Central Excise Department-Respondent. 2. Mr. Raghavan, learned Senior Counsel for the appellant, inter alia, contends that the petitioner being aggrieved by an order dated 5-5-2014 under Annexure 8, filed an appeal before the Learned Customs, Excise and Service Tax Appellate Tribunal, whic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iew of the nature of the order that we intend to pass in this case. Learned counsel for the appellant further submits that though the petitioner-company has filed ROM petition (rectification petition) before the Tribunal, which remains pending as on date, he undertakes to withdraw the ROM petition, if this Court directs consideration of the appeal on its own merit. 3. Mr. Choudhury Satyaji....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ffording the appellant proper opportunity to address the Tribunal on merit. 5. In view of the aforesaid facts, we allow the present OTAPL by setting aside the impugned order dated 23-12-2015 under Annexure 2. Apart from the aforesaid direction, we are of the considered view that if the petitioner deposits a sum of Rs. 2.00 crores (by way of reversal Cenvat credit) within a period of two we....