JAMNA AUTO INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on admission.

(2.) This appeal under Section 35G of the Central Excise Act 1944, as applicable to service tax matters in terms of Section 83 of Finance Act, 1994 is directed against the Final order No. 55587/2017- CU(DB) dated 31/07/2017 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi. The Tribunal was in seisin with an appeal against the order dated 26/12/2011 in Original No. 05/Commr./ST/IND/2011 passed by Commissioner (Appeals), Central Excise, Customs and Service Tax, Indore.

(3.) The relevant facts carved out from the pleadings are that the appellant engaged in the business of designing, developing, manufacturing, marketing, selling, commercializing, distribution and promotion of automatic suspension system entered into an agreement with M/s Jai Suspension System Ltd, also engaged in the similar business as the appellant, and alleged to be wholly owned subsidiary of appellant, on 05/03/2009 and agreed to refrain from selling tapered leaf or parabolic suspension springs to Tata Motors Ltd., Pant Nagar Unit, Uttarakhand and to not to set up a manufacturing unit in State of Uttarakhand. And in lieu whereof received an amount of Rs. 5 Crores.