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2017 (8) TMI 163 - HC - Service TaxValidity of order-in-original - service of SCN - natural justice - Held that: - It appears that the final order in appeal has been passed by the Tribunal after the filing of the present appeal. The present appeal was filed against the order passed by the Tribunal directing the appellant to deposit of amount. Be that as it may, the appeal was filed against the order in original on contentious issues. The main contention of the appellant is that even the service of Showcause Notice was not made. The order in original is an exparte order. To test the bona fides of the appellant, on the last date we had asked the learned Counsel for the appellant as to whether the appellant is ready to deposit the amount as directed by the Tribunal. The learned Counsel, on instructions, states that the amount as was directed by the Tribunal by way of predeposit would be deposited by the appellant within a reasonable time - Considering the bona fides shown by the appellant, we are inclined to exercise discretion in favour of the appellant - appeal allowed.
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