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2015 (6) TMI 696 - GUJARAT HIGH COURT

2015 (6) TMI 696 - GUJARAT HIGH COURT - TMI - Recovery of service tax - Recovery before adjudication of upon the matter and fixed the quantum of service tax - Held that:- It cannot be disputed that even before adjudication, the respondents could recover the amount. But on the assumed basis, the recovery which is being made that smacks with arbitrariness - Decision in the case of Technomaint Contractors Limited v. Union of India, reported in [2014 (4) TMI 882 - GUJARAT HIGH COURT] followed - the .....

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sel waives service of rule for respondents. Learned counsel Mr. Hriday Buch has placed on record copy of affidavit-in-reply. Mr. Jaimin R. Dave, learned counsel appearing for the petitioner prays for one month s time to file affidavit-in-rejoinder. The grievance of the petitioner is that without adjudicating the actual amount of service tax to be paid by the petitioner, on the assumed basis, service tax has been demanded by the respondents. According to learned counsel appearing for the responde .....

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