POOJA TEX PRINTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Limited Company has challenged order dated 21st February,2005 made by the Customs, Excise And Service Tax Appellate Tribunal, West Zonal Bench, Mumbai (CESTAT). Heard Mr. Mitul K.Shelat, learned Advocate appearing with Mr.Mihir Joshi, learned Senior Advocate on behalf of the petitioners and Mr.Jitendra Malkan appearing on an advance copy on behalf of the respondents. In light of the controversy and the view that the Court is inclined to take the matter is taken up for hearing and final disposal today.

(2.) Rule. Mr.Jitendra Malkan appears and waives service on behalf of the respondents.

(3.) The petitioners had moved two applications seeking stay of demand of duty as well as penalty on the petitioner company and its Director. When the matter came up for hearing before CESTAT on 21st February,2005 it was submitted on behalf of the petitioners that the Counsel engaged by the petitioners was suffering from Viral fever from Saturday night i.e. 19th February,2005 and, hence, a prayer was made for adjourning the matter. The said prayer was opposed by the Jr.D.R. appearing for the revenue on the ground that the stay applications had been filed in July,2004 and had been listed for hearing after seven months. A prayer was also made by the Jr.D.R. that as the stakes involved are very heavy it would not be in the interest of the revenue to grant adjournment without putting the petitioner to some condition of predeposit. CESTAT accepted the submission made on behalf of the revenue and directed the petitioners to deposit a sum of Rs.10 crores towards duty demand by 31st March,2005 and report compliance on 4th April,2005.