2013 (6) TMI 845

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORAL ORDER Mr. M.R. Shah By way of this writ petition preferred under Article 226 of the Constitution of India, the petitioners have challenged the impugned order passed by the Customs, Excise & Service Tax Appellate Tribunal, Ahmedabad ["Tribunal" for short] dated 7th April 2011, by which, on an application submitted by the petitioners to dispense with the predeposit against the total tax ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is rights and contentions on merit. It is submitted that, as such, the Department had already recovered a sum of ₹ 34 lakhs during the intervening period. He has stated at the bar that the amount of predeposit is ultimately left to the Court. Shri RJ Oza, learned Senior Advocate appearing on behalf of the Department has also stated at the bar that without further entering into the merits of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ces of the case, without citing the same as a precedent, the impugned order dated 7th April 2011 passed by the Tribunal directing the petitioners to deposit a sum of ₹ 11 Crores as a predeposit is hereby modified. The petitioners are hereby directed to deposit in all a sum of ₹ 5 Crores [after deducting a sum of ₹ 34 lakhs, which is already stated to have been recovered by the De....