Siddheshwar Devasthan vs Asstt. Commissioner Of C. Ex.
2006 Latest Caselaw 109 Bom

ORDER

1. Heard learned Counsel for the petitioner and respondents.

2. Rule, Rule (sic) made returnable forthwith.

3. Learned counsel for respondents waives service.

4. By consent of the parties taken up for final hearing.

5. By this petition, the petitioner is challenging the order of the appellate authority dated 8-11-2005. The said appellate authority has held that the petitioner should furnish the full details to the adjudicating authority so as to enable the adjudicating the authority to quantify the service tax liability. The appellant authority has rightly observed that the petitioner ought to have provided all the details of tax liability from 1st July, 1997 so as to enable the adjudicating authority to quantify the service tax liability.

6. In view thereof, Mr. Kumbhakoni, learned Counsel states that the petitioner will furnish all the requisite particulars of details with regard to service tax liability from 1st July, 1997 to the adjudicating authority to enable the said adjudicating authority for quantifying the service tax liability.

7. Learned Counsel for the petitioner states that all the above details will be furnished to the said adjudicating authority within 3 weeks from today to enable the said adjudicating authority to quantify the service tax liability. In the event the same is quantified by the said adjudicating authority, the petitioner is at liberty to move afresh stay application before the Commissioner (Appeals), Central Excise-III, Pune.

8. Needless to state trial if the petitioner submits the requisite details before the adjudicating authority within a period of 3 weeks from today, the appeal which was pending before the Commissioner (Appeals), Central Excise-III, Pune shall stand restored. The petitioner will be at liberty to move afresh the stay application hereafter. Petition stands disposed off. Rule is made absolute in the above terms with no order as to costs.