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2016 (11) TMI 486 - AT - Service TaxRecalling of an order passed by the tribunal in favor of assessee after the decision of Apex court refusing to grant stay - Classification of the services - jurisdiction of Court u/s 35L of the Act - suppression of facts - Held that: - Intentionally or unintentionally the fact remains that the Bench was not appraised of the said order of the Hon'ble Supreme Court As we have already observed that nondisclosure of the relevant facts and obtaining of a favourable order by not bringing the relevant facts to the notice of the Bench abuses the due process of law and vitiates the very order so obtained. As such, we deem it fit to recall the order passed on ROM application as prayed for by Revenue and allow the Miscellaneous Application filed by them.- decided in favor of Revenue.
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