TMI Blog2013 (5) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... etition has been filed by the petitioner originally with the prayer that Circular dated 1/1/2013 be declared unconstitutional, null and void and respondents may be directed not to recover the demand of service tax pursuant to the notice dated 20/2/2013 in consonance of the aforesaid Circular dated 1/1/2013 till decision of the appeal and stay application before the Tribunal. Learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir presence be recorded in the proceedings." Learned counsel for the respondents opposed passing of the aforesaid order in the present case contending that appeal of the writ-petitioner is pending before the Commissioner (Appeals) Central Excise Jaipur-I - respondent No.3 since 2004 and in between it was dismissed in default and was restored much later and therefore same order may not be pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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