The South Indian Bank Ltd vs The Principal Commissioner Of Central … on 7 January, 2025

Supreme Court – Daily Orders

The South Indian Bank Ltd vs The Principal Commissioner Of Central … on 7 January, 2025

                                        IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION

                                     CIVIL APPEAL NO(S).         /2025
                                        (@SLP(C) NO(S).12925/2023)

                      THE SOUTH INDIAN BANK LTD.                             APPELLANT(S)

                                                   VERSUS

                         THE PRINCIPAL COMMISSIONER OF CENTRAL TAX
                         AND CENTRAL EXCISE                       RESPONDENT(S)

                                                    WITH


                                     CIVIL APPEAL NO(S).         /2025
                                        (@SLP(C) NO(S).16432/2023)


                                                   O R D E R

Leave granted.

We have heard learned senior counsel Mr. G. Shivadass

for the appellant and learned senior counsel Ms. Nisha

Bagchi for the respondent.

The present appeals are arising out of a judgment

dated 29.07.2022 passed in Central Excise Appeal No.3/2020

and order dated 31.01.2023 passed in Review Petition

No.954/2022 in Central Excise Appeal No.3/2020. The appeal

was preferred before the High Court against the Final

Order No. 20106/2020 passed by CESTAT, Bangalore, in
Signature Not Verified

Digitally signed by
RADHA SHARMA
Service Tax Appeal No. 486/2009.

Date: 2025.01.18

12:13:11 IST
Reason:

Learned senior counsel appearing for the assessee(s)

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has stated before this Court and has also demonstrated

that the entire service tax for the period in question has

already been paid along with interest. However, he is

aggrieved only with the imposition of penalty in the

peculiar facts and circumstances of these cases. He has

stated that earlier prior to the period involved in the

present case(s), all branches were paying service tax as

an independent unit and they wanted to centralized the

entire system of payment of service tax through a single

window and therefore, there was a delay in payment of

service tax dues. Hence, proceedings were initiated by the

Department. He has also stated that before issuance of

Show Cause Notices, the entire service tax dues were paid

by the assessee(s) and therefore keeping in view the

aforesaid as the entire service tax dues have been paid by

the assessee(s) along with interest, the penalty

proceedings be dropped.

In light of the aforesaid, we are of the opinion that

penalties imposed by the Department in the peculiar facts

and circumstances of these cases deserve to be waived and

are waived, accordingly.

It is further clarified that there will no further

litigation so far as the present lis (s) is concerned.

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The appeals are allowed and disposed of in the

aforesaid terms.

Pending application(s), if any, shall stand disposed.

……………………………………………………….,J.

( B.V. NAGARATHNA )

……………………………………………………………….,J.

( SATISH CHANDRA SHARMA )
NEW DELHI;

JANUARY 07, 2025




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ITEM NO.32               COURT NO.8                       SECTION XI-A

               S U P R E M E C O U R T O F     I N D I A
                       RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 12925/2023
[Arising out of impugned final judgment and order dated 31-01-2023
in RP No. 954/2022 passed by the High Court of Kerala at Ernakulam]

THE SOUTH INDIAN BANK LTD. Petitioner(s)

VERSUS

THE PRINCIPAL COMMISSIONER OF CENTRAL TAX
AND CENTRAL EXCISE Respondent(s)

(IA No. 122658/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)

WITH
SLP(C) No. 16432/2023 (XI-A)
(IA No. 139804/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 139799/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)

Date : 07-01-2025 These matters were called on for hearing today.

CORAM :

HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA

For Petitioner(s) Mr. G. Shivadass, Sr. Adv.

Mr. S. Sukumaran, Adv.

Mr. Anand Sukumar, AOR
Mr. Rishab, Adv.

Mr. Bhupesh Kumar Pathak, Adv.
Ms. Ruche Anand, Adv.

For Respondent(s) Ms. Nisha Bagchi, Adv.

Ms. Anamika Agarwal, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Zoheb Hussain, Adv.
Mr. Rajat Nair, Adv.

Ms. Diksha Rai, Adv.

Mr. Udai Khanna, Adv.

Mr. Raghav Sharma, Adv.
Ms. Sonali Jain, Adv.

Mr. Nring Chamwibo Zeliang, Adv.

Mr. Anand Sukumar, AOR

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Mr. Mukesh Kumar Maroria, AOR

UPON hearing the counsel the Court made the following
O R D E R

Leave granted.

The appeals are allowed and disposed of in terms

of the signed order which is placed on the file.

Pending application(s), if any, shall stand

disposed of.

(RADHA SHARMA)                                  (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS                         COURT MASTER (NSH)




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