(1.) The petitioner-Company has challenged before this Court the impugned recovery proceedings through garnishee proceedings though the petitioner-Company did not challenge the impugned order passed by the first appellate Court namely the Commissioner of Central Excise (Appeals) Annexure-E dated 21.11.2014 u/s.35 B of the Central Excise Act, 1944 before the Central Excise and Service Tax Appellate Tribunal (CESTAT).
(2.) The impugned garnishee proceedings which are challenged before this Court vide Annexure-R dated 09.01.2018 seeking to recover the amount in dispute of Rs. 59,95,387/- from the Axis Bank Limited, Mysuru, u/s.11 of the Central Excise Act, 1944 read with Section 79(1) of the CGST Act, 2017 now in force.
(3.) The learned counsel for the petitioner urged before the Court that since the relevant Rule 8(3A) of the Central Excise Rules, 2002 was struck down by the Gujarat High Court in Indsur Global Ltd. vs Union Of India, (2014) 310 ELT 833 (Guj) on 26/27.11.2014 even though the matter was pending before the Hon'ble Supreme Court in which the Hon'ble Supreme Court has stayed the Judgment of the Gujarat High Court, the petitioner felt that the demand in question raised under the said Rule 8(3A) of the Central Excise Rules, 2002 cannot be enforced against him. Hence, he did not prefer the regular appeal before the Tribunal.