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M/s. ITC Freight Services Private Limited Versus Commissioner Of Central Excise, Customs And Service Tax

2015 (12) TMI 92 - KERALA HIGH COURT

Demand of service tax - C&F/CHA, Storage and Warehousing services - Held that:- petitioner has an effective alternate remedy against Ext.P7 order, by way of approaching the Customs, Excise and Service Tax Appellate Tribunal, through a duly constitute .....

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t, 1994 which mandates that an appeal before the CESTAT must be accompanied by a fee of 7.5% of the tax amounts demanded by the adjudication order, and the fact that this Court has in the decision dated 02.03.2015 in WP(C) No.6173 of 2015 rendered in .....

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ffect from 16.08.2014, while dismissing the writ petition in its challenge against Ext.P7 order, I make it clear that, if the petitioner prefers a duly constituted appeal under the provisions of the Finance Act, 1994, as they stood prior to 16.08.201 .....

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hear the appeal itself in due course. - Appeal disposed of. - WP(C).No. 11496 of 2015 (J) - Dated:- 17-9-2015 - A.K.JAYASANKARAN NAMBIAR, J. For the Petitioner : Advs.Sri.A.Kumar, Sri.P.J.Anilkumar, Smtg.Mini(1748), Sri.P.S.Sree Prasad, Sri.V.B.Hari .....

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dent, whereby the 2nd respondent has confirmed a demand of service tax and penalty on the petitioner for the period from 01.07.2008 to 31.03.2013. Although various contentions have been raised in the writ petition against Ext.P7 order of the 2nd resp .....

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urable Delhi High Court, I am of the view that the petitioner has an effective alternate remedy against Ext.P7 order, by way of approaching the Customs, Excise and Service Tax Appellate Tribunal, through a duly constituted appeal under the Finance Ac .....

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n appeal before the CESTAT must be accompanied by a fee of 7.5% of the tax amounts demanded by the adjudication order, and the fact that this Court has in the decision dated 02.03.2015 in WP(C) No.6173 of 2015 rendered in a case of an assessee simila .....

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dismissing the writ petition in its challenge against Ext.P7 order, I make it clear that, if the petitioner prefers a duly constituted appeal under the provisions of the Finance Act, 1994, as they stood prior to 16.08.2014, then the appellate tribuna .....

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