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2015 (11) TMI 602 - MADRAS HIGH COURT

2015 (11) TMI 602 - MADRAS HIGH COURT - 2015 (325) E.L.T. 325 (Mad.) - Waiver of pre deposit - Mandatory pre deposit - 7.5% pre deposit - Held that:- In the case of Fifth Avenue Sourcing (P) Ltd., vs. Commissioner of Service Tax reported in [2015 (7) TMI 391 - MADRAS HIGH COURT], I have directed the petitioner therein to file an appeal before the CESTAT along with stay application, without making pre-deposit of 7.5% of the tax amount confirmed against the petitioner, within a period of two weeks .....

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med against the petitioner. - Decided in favour of assessee. - W.P.No.23227 of 2015 and M.P.No.1 of 2015 - Dated:- 31-7-2015 - Mr. T. Raja, J For the Petitioner : Mr.K.Jayachandran For the Respondent : Mr.A.P.Srinivas, Standing Counsel ORDER Heard the learned counsel for the petitioner and Mr.A.P.Srinivas, learned Standing Counsel, who took notice for the respondent and with their consent, the main writ petition itself is taken up for hearing. 2. This writ petition has been filed by M/s.Sulzer F .....

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im, the issue raised by the petitioner has already been decided by the Allahabad Tribunal in the case of Rolastar Pvt. Ltd., vs. CCE Daman reported in 2012 (276) ELT 87, wherein, it is held that the provisions of Rule 10(a) would not apply to job worker who has completed job work and returned to the principal manufacturer. Based on the said ratio laid down by the Allahabad Tribunal, the Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, Chennai Tribunal also in the very sam .....

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