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2015 (11) TMI 1714 - CALCUTTA HIGH COURTRemand application - Evasion of payment of Service Tax - the petitioner seeks, inter alia, issuance of a mandatory order commanding the concerned respondent authorities to cancel and/or withdraw and/or rescind of the remand application dated 8th September, 2015 - Held that: - In the facts of this instant case, this application is not made bona fide by the petitioner. The reason is, a person who gives an undertaking before this Court - which evidently is not complied with, subsequently - and gets benefit of an order based on such undertaking and thereafter seeks to invoke this Court’s jurisdiction under Article 226 of the Constitution of India, is not a person worthy to be considered for being granted such discretionary reliefs, in the absence of palpable demonstration of bona fide conduct before seeking such discretionary reliefs - petition dismissed.
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