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2007 (5) TMI 595 - AT - Service TaxMaintainability of appeal - non-compliance with pre-deposit - non-speaking order - Held that: - after the interim order was passed the appellants have approached the Commissioner (A) for modification of the order for recall of the interim order. The said application has not been considered by the Commissioner (A). The Commissioner (A) has got inherent power to recall the interim order - There is no finding with regard to the grounds taken in the interim order. The Commissioner (A) has put the appellants on terms with due application of mind, therefore the order is also not a speaking order - matter remanded to reconsider the application filed by the appellants for waiver of pre-deposit and decide the issue in terms of law - appeal allowed by way of remand.
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