IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 18396 of 2009
Date of Decision: December 2, 2009
M/s Nandan Auto Tech Limited
...Petitioner
Versus
Union of India and others
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MRS. JUSTICE SABINA
Present: Mr. Jagmohan Bansal, Advocate,
for the petitioner.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in
the Digest?
M.M. KUMAR, J.
Learned counsel for the petitioner contends that the
Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for
brevity, ‘the Tribunal’), vide its order dated 28.8.2009 (P-4) has
directed the petitioner to deposit a sum of Rs. 5.7 lacs towards
penalty within 8 weeks from that date. Subject to the aforesaid
condition, the Tribunal has waived off the condition concerning pre-
deposit of balance amount of penalty and stayed the recovery till the
disposal of the appeal. The Tribunal has also waived off the penalty
imposed on the Director and recovery from him has also been stayed
till the disposal of the appeal.
C.W.P. No. 18396 of 2009 2
Mr. Bansal, learned counsel for the petitioner, after
applying for withdrawal of the petition has submitted that the time
granted by the Tribunal since has expired, may be extended. On
behalf of the petitioner, he has submitted that the petitioner
undertakes to make payment within four weeks from today.
In view of above, if the amount of Rs. 5.7 lacs is
deposited within four weeks i.e. on or before 2.1.2010 then the order
of the Tribunal shall operate. Subject to the aforesaid modification
the writ petition is dismissed as withdrawn.
(M.M. KUMAR)
JUDGE
(SABINA)
December 2, 2009 JUDGE
Pkapoor