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2010 (2) TMI 351 - CESTAT, AHMEDABADStay- Recovery of tax- The department is recovering the service tax demanded from the appellant from the service receiver namely ONGC from the payments due to them and consequently the appellant is not in a position to pay salaries to his drivers and he is suffering from serious financial difficulties. It was also submitted that the department has already recovered an amount of Rs. 32,97,000/- in this manner and any bill raised or ONGC is not being honoured but the payments are being made to the department. Taking all these facts into consideration, the stay petition and COD application were listed for hearing today. Held that- appellant was not able to collect the service tax from ONGC as per the submissions made by the learned advocate, and also having regard to the fact that appellant has already undergone considerable difficulties by way of adjustment of bills and the hearing of the stay application getting delayed etc., thus, condone the delay in filing the appeal and take up the stay petition for consideration.
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