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2018 (2) TMI 1055 - HC - Service TaxMaintainability of petition - classification dispute - alternative remedy - Held that: - in the instant case, the petitioner/assessee did not place the decision of the Division Bench of this Court, in the case of Commissioner of C. Ex. Tiruchirappalli Vs. Indian Humes Pipes Co. Ltd. [2015 (9) TMI 479 - MADRAS HIGH COURT] nor the decision in the case of Lanco Infratch Ltd., Vs. Commissioner of Customs, Central Excise and Service Tax, Hyderabad [2015 (5) TMI 37 - CESTAT BANGALORE (LB)] before the respondent, at the time of adjudication - this Court is inclined to grant one more opportunity to the assessee to go before the Assessing Officer and putforth their case, despite the fact that they have failed to place the decision - petition allowed by way of remand.
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