IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.1466 OF 2017 (T-TAR) BETWEEN:
M/S STOVEKRAFT PRIVATE LIMITED A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT,1956 HAVING REGISTERED OFFICE AT NO.80 HAROHALLI INDUSTRIAL AREA KANAKAPURA TALUK RAMANAGARA DISTRICT BENGALURU-562 112 REPRESENTED BY MANAGING DIRECTOR SRI RAJENDRA J GANDHI S/O SRI M JUGRAJ GANDHI AGED ABOUT 49 YEARS ...PETITIONER (BY SMT: VANI H, ADVOCATE) AND:
1. THE COMMISSIONER OF CENTRAL EXCISE BENGALURU III COMMISSIONERATE CENTRAL REVENUE BUILDING POST BOX NO.5400, QUEENS ROAD BENGALURU-560 001 2. CUSTOMS, CENTRAL EXCISE AND SERVICE TAX SETTLEMENT COMMISSION II FLOOR, NARMADA BLOCK CUSTOM HOUSE 60, RAJAJI SALI CHENNAI-600 001 REP BY ITS VICE CHAIRMAN 3 . UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY NORTH BLOCK NEW DELHI-110 001 (BY SRI: K V ARAVIND, ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE FINAL ORDER NO.46/2016 DTD:20.12.2016 PASSED BY THE R-2 SETTLEMENT COMMISSION IN SO FAR AS IT RELATES TO DIRECTING THE PETITIONER TO PAY THE BALANCE AMOUNT OF RS.1,30,92,726/- TOWARDS DUTY DEMAND ALONG WITH THE APPROPRIATE INTEREST AND PENALTY OF RS.10,00,000/- WITHIN 30 DAYS FROM THE DATE OF THE RECEIPT OF THE SAID ORDER VIDE ANNEXURE-M, DIRECT THE RESPONDENTS TO DEMAND THE DUTY IN RESPECT OF THE FANS MEANT FOR SUPPLY TO TNCSC EITHER DIRECTLY OR INDIRECTLY THROUGH THE 3RD PARTIES, IN TERMS OF SECTION 4A OF THE CENTRAL EXCISE ACT, AS DECLARED BY PETITIONER IN THE SETTLEMENT APPLICATION FILED ON 14.6.2016 VIDE ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for petitioner has filed a memo dated 24.10.2019 seeking permission of this court to withdraw the petition with liberty to seek restoration of the writ petition in case the benefit of the scheme namely “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” is not extended to the petitioner.
2. The said memo is placed on record.
Accordingly, the writ petition is dismissed as withdrawn with liberty as sought for.
In view of dismissal of the writ petition, I.A.No.2/2019 for further direction/order does not survive for consideration and it is also dismissed.
Sd/- JUDGE Bss