Annexure XIV Continued… - Edelweiss

9. SMASL v. Commissioner of Central Excise and Service Tax before the CESTAT, Kolkata
CESTAT STA no. 90 of 2010
SMASL filed an appeal CESTAT STA no. 90 of 2010 on March 29, 2010 before CESTAT, Kolkata under the
Finance Act against the order passed by Joint Commissioner with respect to show cause notice no.-
IV(4)57.S.Tax/B-I/07/26605A dated October, 22, 2007 pertaining to recovery of Service Tax amounting to
` 0.5 million (excluding interest and penalty, if any) chargeable on cargo handling services provided during
the period August 16, 2002 to March 31, 2007. The demand of ` 0.5 million has already been deposited. The
matter is currently pending.
10. SMASL v. Joint Commissioner of Central Excise and Service Tax before the Commissioner Appeal,
Ranchi
SMASL filed an appeal on August 24, 2009 before Commissioner Appeal, Ranchi under the Finance Act
against the order passed by Additional Commissioner of Central Excise , Ranchi on May 29, 2009 with respect
to show cause notice no. V(17)(80)/75/Sainik/Adjn/Ran/07/3134dated April 11, 2008 pertaining to recovery of
Service Tax amounting to ` 4.44 million (excluding interest and penalty if any) chargeable on business
auxiliary and site formation services provided during the period October 1, 2006 to February 5, 2007.The
Commissioner Appeal, Ranchi remanded back the case vide its order in original no.09/Ran/2010 dated January
29, 2010 for re-adjudication by the Additional Commissioner. The matter is currently pending.
Cases filed by SMASL
Statutory
1. Suo-moto application filed by SMASL for compounding
SMASL filed a suo-moto application on January 12, 2009 under section 621A of the Companies Act, before
Central Government through the RoC for compounding of offence committed under Section 297 of the
Companies Act. The matter is currently pending.
2. Application under section 11(4) under the Arbitration and Reconciliation Act, 1996 for the appointment
of arbitrator
SMASL has filed an application under section 11(4) of the Arbitration and Reconciliation Act, 1996 before the
Orissa High Court, at Cuttack for the appointment of an arbitrator to resolve the matter related to work order
issued pursuant to NIT-318 at Lakhanpur for the open cast project during the period July 17, 2004 to January
11, 2009. The amount withheld by Mahanadi Coalfields Limited is ` 44.14 million on account of said work
order. The case has been admitted and date of hearing is yet to be decided.
Writ Petitions
1. SMASL v. Mahanadi Coalfields Limited, Writ Petition no. 22745/2010 before Orissa High Court, at
Cuttack
Writ Petition no. 22745 of 2010 before Orissa High Court
SMASL has filed a writ petition no. 22745/2010 before Orissa High Court under Article 226/227 of the
Constitution of India challenging the approval order dated December 8, 2010 regarding the recovery of the
excess payment from coal transport contract awarded for the works under NIT 240 dated March 07, 2002
wherein the Mahanadi Coalfield Limited reduced the distance from 9-10 kilometres to 8-9 kilometres thereby
reducing the rate from ` 28.25 per MT to ` 26.70 per MT. The Orissa High Court issued notices to the parties
and stayed the recovery till next date.
2. SMASL v. Mahanadi Coalfields Limited, Writ Petition no 23378/2010 before Orissa High Court
Writ Petition no 23378 of 2010 before Orissa High Court
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