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2008 (11) TMI 160 - AT - Service TaxThe common order has proceeded to decide the matter on merit when there was failure to make pre-deposit under section 35F of CEA, 1944 r.w. Finance Act, 1994. We surprise that when there was pre-requisite of the pre-deposit to consider an appeal for no absolute right in statute for appeal and the right is conditional by pre-deposit, how the learned appellate authority below proceeded to decide the matter on merit. This has resulted in total failure of justice prejudicing interest of Revenue - case remanded
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