M/S ANVIL CABLES PVT LTD Vs. COMMNR.OF CENTRAL TAXES & SERVICE TAX

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1651 of 2015, Judgment Date: Feb 06, 2015

•       -Looking at the peculiar  facts  of  the  case,  in  the  interests  of
  justice, we direct that upon payment of Rs. 25,000/- by way of costs to  the
  sole respondent within two months from today, the  impugned  Judgment  shall
  be set aside and Tax Appeal No. 3 of 2013 shall be restored to its  original
  number and shall be heard on merits by the High Court.
  

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 1651 OF 2015
              [@ SPECIAL LEAVE PETITION (C) NO. 27080 of 2013]


      M/S ANVIL CABLES PVT LTD                                Appellant(s)

                                   VERSUS

COMMNR.OF CENTRAL TAXES & SERVICE TAX                         Respondent(s)


                               J U D G M E N T

      PER ANIL R. DAVE, J.

      Leave granted.
      Looking at the peculiar  facts  of  the  case,  in  the  interests  of
justice, we direct that upon payment of Rs. 25,000/- by way of costs to  the
sole respondent within two months from today, the  impugned  Judgment  shall
be set aside and Tax Appeal No. 3 of 2013 shall be restored to its  original
number and shall be heard on merits by the High Court.
      With the above directions,  the  Civil  Appeal  is  allowed  with  the
abovesaid costs.
      It is clarified that  if  the  amount  is  not  deposited  within  the
stipulated time, this order shall not  operate  and  the  impugned  Judgment
shall remain in force.
                                                   .......................J.
                                                             [ANIL R. DAVE ]

                                                   .......................J.
                                                         [SHIVA KIRTI SINGH]

      New Delhi;
      February 06, 2015.
ITEM NO.32               COURT NO.3               SECTION III

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

              Special Leave to Appeal (C) No(s). 27080 of 2013

M/S ANVIL CABLES PVT LTD                           Appellant(s)

                                VERSUS

COMMNR.OF CENTRAL TAXES & SERVICE TAX              Respondent(s)

(with interim relief and office report)

Date : 06/02/2015 This petition was called on for hearing today.

CORAM :  HON'BLE MR. JUSTICE ANIL R. DAVE
         HON'BLE MR. JUSTICE SHIVA KIRTI SINGH

For Appellant(s)  Mr. Praveen Kumar, Adv.
                        Mr. Kumar Rajesh Singh, Adv.
                        Ms. Sunaina Kumar, Adv.

For Respondent(s)       Ms. Pinki Anand, ASG
                        Mr. K. Radhakrishnan, Sr. Adv.
                        Ms. Sunita Rani Singh, Adv.
                     For Mr. B. Krishna Prasad, Adv.

              UPON hearing counsel the Court made the following
                       O R D E R

Leave granted.
The Civil Appeal is allowed in terms of the signed non-reportable  Judgment.

|(Jayant Kumar Arora)                 | |(Sneh Bala Mehra)                 |
|Sr. P.A.                             | |Assistant Registrar               |

           (Signed non-reportable Judgment is placed on the file)