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Commissioner of Customs, Central Excise And Service Tax, Hyderabad Versus M/s TPSC India Pvt. Ltd.

2015 (9) TMI 638 - ANDHRA PRADESH HIGH COURT

Waiver of pre deposit - Manpower supply service - Held that:- Tribunal ought not to have granted absolute waiver and also stay of recovery without imposing any condition, does not merit any consideration in the facts of the case. The Tribunal had tak .....

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be no justification for directing a pre-deposit. Hence, we see no illegality or infirmity in the impugned order. - Decided against Revenue. - C.E.A No. 41 of 2014 - Dated:- 9-7-2015 - G. Chandraiah And Challa Kodanda Ram, JJ. For the Appellant : Dr. .....

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No.ST/26848/2013-DB, whereunder and whereby the Tribunal granted stay of recovery till disposal of the appeal, and also waived pre-deposit. 2. Brief facts of the case are that the respondent/assessee-M/s TPSC (India) Pvt. Ltd., Hyderabad, entered int .....

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ee to pay Service Tax on the amount paid by the assessee to TPSC, Japan. The demand amounted to more than ₹ 1.17 crores with interest and penalty. Aggrieved by the same, the assessee filed an appeal before CESTAT, South Zonal Bench, Bangalore, .....

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dent-assessee and the learned Standing Counsel for the Department. 4. A perusal of the impugned order would show that the Tribunal, after considering the submissions of both the parties, observed that the employees deputed by TPSC are actually appoin .....

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aced by the assessee in the decisions rendered by the Tribunal at Delhi in the case of ITC Ltd. 2013 (29) S.T.R. 387 (Tri.-Del.) and also in M/s Bain & Company India Pvt. Ltd. - 2012-TIOL-138-CESTAT-DEL, is appropriate. 5. Having considered rival .....

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