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

IN 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]

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NEW DELHI; APRIL 28, 2017. Digitally signed by MEENAKSHI KOHLI Date: 2017.05.02 11:27:09 IST Reason: Signature Not Verified

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]

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