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2015 (5) TMI 565 - HC - Service TaxMaintainability of appeal - After availing the remedy unsuccessfully before another Court whether Court can accept the challenge to the self same order, which has reached its finality under writ jurisdiction or not - Held that:- it is not legally permissible, if it is done the writ court will unsettle a legally settled position. We think that when appellate authority has already decided the matter against the petitioner, the writ Court is debarred from doing so as the same binds the writ Court applying the principle of res judicata, particularly, when the appellate authoritys orders are not challenged in the writ jurisdiction - Decided against assessee.
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