Syndicate Bank vs. Commissioner Of Central Tax

CEA/1/2018HC KarnatakaGSTCNR KAHC01031488201829 January 2020Bench: ARAVIND KUMAR,E.S.INDIRESH3 pages
For Respondent: SRI. JEEVAN J NEERALGI, ADVOCATE
AI SummaryDismissed

Held

The Court took note of the memo filed by the appellant seeking withdrawal of the appeal. The memo explicitly stated that the appellant intended to approach the jurisdictional authorities for relief under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. Consequently, the Court placed the memo on record and dismissed the appeal as withdrawn. The reason for dismissal was the appellant's stated intention to pursue resolution under the aforementioned scheme. No substantial questions of law were formulated or decided, as the appeal was withdrawn before reaching that stage. Any pending applications related to the appeal were also consigned to records.

Facts

The appellant, Syndicate Bank, filed a Central Excise Appeal before the High Court of Karnataka. The appeal was filed against a common order dated June 15, 2017, passed by the Tribunal in ST Appeal Nos. 10 and 166/2007. The respondents were the Commissioner of Central Tax (CGST), Mangaluru Commissionerate, and the Principal Chief Commissioner of Central Tax, Bengaluru Zone. The appellant sought to set aside the impugned order to the extent questioned in the appeal. The procedural history leading to the appeal involved prior proceedings before the Tribunal.

Key Issues

The primary issue was whether the High Court should entertain the appeal given the appellant's subsequent decision. The appellant, Syndicate Bank, sought to withdraw the appeal. The reason provided was their intention to approach the jurisdictional authorities to seek relief under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. The Court had to decide whether to allow this withdrawal and dismiss the appeal based on the appellant's stated intention. The respondents, the tax authorities, were implicitly involved in this procedural decision.

Sections Cited

Section 35G

AI-generated summary — verify with the full judgment below

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY 2020

PRESENT THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND THE HON’BLE MR. JUSTICE E.S.INDIRESH C.E.A. No.1/2018

BETWEEN:

SYNDICATE BANK HEAD OFFICE, MANIPAL – 576 104 REPRESENTED HEREIN BY ITS GENERAL MANAGER, MR. G. MOHAN RAO

ALSO AT: 2ND CROSS ROAD, GANDHINAGAR, BENGALURU – 560 009. ... APPELLANT

(BY SRI. SURYANARAYANA.T, ADVOCATE)

AND:

1.

COMMISSIONER OF CENTRAL TAX (CGST), MANGALURU COMMISSIONERATE (FORMERLY THE COMMISSIONER OF CENTRAL EXCISE, MANGALURU) 7TH FLOOR , TRADE CENTRE, BUNTS HOSTEL ROAD, MANGALURU – 575 003. 2. PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX,

2

BENGALURU ZONE, KARNATAKA P.B. NO.5400, C.R. BUILDING, QUEENS ROAD, BENGALURU – 560 001. ... RESPONDENTS

(BY SRI. JEEVAN J NEERALGI, ADVOCATE)

THIS CENTRAL EXCISE APPEAL IS FILED UNDER SECTION 35G OF THE CENTRAL EXCISE ACT, ARISING OUT OF ORDER DATED 15.06.2017 PASSED IN ST APPEAL NOS.10 AND 166/2007 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED COMMON ORDER DATED 15.06.2017

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