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2013 (5) TMI 505 - HC - Service TaxRecovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - held that:- it is clear that it is only a general notice issued to all parties/service providers to deposit the amount of due service tax/penalty/interest. The adjudicating authority has passed an order against petitioner demanding a sum of Rs. 1,64,499/- along with interest and penalty. The said order has been upheld by the Commissioner of Appeals. Petitioner has further filed an appeal before the Appellate Tribunal along with stay application and next date fixed by the Tribunal is 2-4-2012. A period of seven days was given in the notice dated 28-1-2012, but no property of petitioner has been attached and put to an auction. The writ petition was filed on 16-2-2012. The matter is already fixed before the Tribunal on 2-4-2012. If petitioner has any urgency in the matter, then a prayer should have been made before the Appellate Tribunal itself for early hearing of the stay application, instead of filing the present writ petition before this Court. - writ petition dismissed.
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