IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NOS.25869 AND 28986 OF 2018(CESTAT) BETWEEN :
STATE BANK OF INDIA, HAL BRANCH, VIMANPURA POST, BENGALURU – 560 017. (REPRESENTED BY ITS CHIEF MANAGER SRI.VIJAY KUMAR HOTKAR). ...PETITIONER (BY SRI.VIJAY KUMAR P.L. ADVOCATE [ABSENT]) AND :
1. THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, BENGALURU – 1 POST BOX NO.5400, C.R. BUILDINGS, BENGALURU – 560 001.
2. THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, DIVISION-1, - 2 -
16/1: “SP COMPLEX”, 1ST FLOOR, LALBAGH ROAD, BENGALURU – 560 027. …RESPONDENTS (BY SRI.JEEVAN J.NEERALGI, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER SECTION 35G OF THE CENTRAL EXCISE ACT, 1944 READ WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE FINAL ORDER PASSED ON 22.11.2017 BY THE HON’BLE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE, BENGALURU IN APPEAL NO. ST/23183/2014 PRODUCED AT ANNEXURE ‘D’ AND DIRECT THE RESPONDENTS TO REFUND AMOUNT OF RS.19,85,463/- BEING THE EXCESS OF AMOUNT PAID BY THE APPELLANT TOWARDS SERVICE TAX ALONG WITH INTEREST.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER None appears for the petitioner nor there is any representation. It is apparent that the petitioner is not interested in prosecuting these petitions. Hence, the petitions are dismissed.
SD/- SD/-
JUDGE JUDGE SPS