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2008 (4) TMI 51 - AT - Service TaxAdditional Commissioner confirmed demand, interest & penalty - Commissioner (Appeals) by the OIA set aside the demand, when pre-deposit was paid – further appellant managed to get refund of the amount it had pre-deposited pursuant to the interim order of the Commissioner (Appeals) - undisputedly, even as per the order-in-appeal the appellant remains liable to pay service tax – commissioner is not justified to allow refund without ensuring that tax liability has be discharged
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