Sai Service Pvt Ltd. (Formerly Sai Service Station Ltd. ) vs. Commnr. Of Central Excise, Mumbai-I

ªIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No(s). 690-691/2015 SAI SERVICE PVT LTD. (FORMERLY SAI SERVICE STATION LTD.) Appellant(s) VERSUS COMMNR. OF CENTRAL EXCISE, MUMBAI-I Respondent(s) O R D E R We have heard learned counsel for the parties. The issue of imposition of penalty on the appellant has not been considered by the Tribunal in spite of a rectification of mistake application having been filed. Under the circumstances, we remand the matter to the Tribunal for afresh consideration only of the issue of penalty levied on the appellant. The civil appeals are disposed of. Until the decision of the Tribunal, no coercive steps be taken on the appellant to recover the penalty amount. ⬠¦ ....................J. [MADAN B. LOKUR] ⬠¦ ....................J. [DEEPAK GUPTA] NEW DELHI; APRIL 28, 2017. 1 ITEM NO.41 COURT NO.4 SECTION IIIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 690-691/2015 SAI SERVICE PVT LTD.(FORMERLY SAI SERVICE STATION LTD.)Appellant(s) VERSUS COMMNR. OF CENTRAL EXCISE, MUMBAI-I Respondent(s) (With application for c/delay in re-filing appeal and condonation of delay in filing appeal and Office Report) Date : 28/04/2017 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Appellant(s) Mr. Ravinder Narain, Adv. Mr. R.G. Seth, Adv. Mr. Ajay Aggarwal, Adv. Ms. Mallika Joshi, Adv. Ms. Ruchika, Adv. Mr. Rajan Narain, AOR For Respondent(s) Mr. A.K. Sanghi, Sr. Adv. Ms. Nisha Bagchi, Adv. Mr. Ritesh Kumar, Adv. Mr. B. Krishna Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. The civil appeals are disposed of in terms of the signed order. (Meenakshi Kohli) (Sharda Kapoor) Court Master (SH) Court Master (NS) [Signed order is placed on the file] 2