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2016 (1) TMI 1484 - HC - Service TaxRestraint on further action under the Service Tax Act against the writ petitioner unless the above fact is established - requirement to consider the case of ALL ASSAM TEA PLANTATION SECURITY VERSUS THE STATE OF ASSAM AND ORS. [2002 (4) TMI 995 - GAUHATI HIGH COURT] and BAKHTAWAR SINGH BAL KISHAN VERSUS U.O.I. [1988 (2) TMI 466 - SUPREME COURT] - HELD THAT:- Mr. Poddar, learned Senior Advocate appearing for the writ petitioner-respondent submitted that it was not the intention of the Court that the determination is to be made only in the light of the views expressed in the judgments referred to in the operative part of the order. Therefore, the appeal is disposed of by clarifying that it will be open to the department to decide the issue, in accordance with law.
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