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2015 (6) TMI 1022 - KERALA HIGH COURT

2015 (6) TMI 1022 - KERALA HIGH COURT - 2016 (41) S.T.R. 800 (Ker.) - Waiver of pre-deposit - Issue of limitation - No finding on the issue of limitation raised by the appellant and it was without dealing with that contention that the appellant was ordered to deposit ₹ 1 crore by the Tribunal - Held that:- the order of the Tribunal itself shows that the appellant himself had admitted that 35 lakhs of the service tax demanded was for the normal period. This, therefore, mean that the issue o .....

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NIC & SHAJI P.CHALY, JJ. For the Petitioner : Shri C.S. Ajith Prakash, Adv. For the Respondent : Shri Thomas Mathew Nellimoottil, SC JUDGMENT ANTONY DOMINIC, J. Heard the counsel for the appellant and the learned Standing Counsel appearing for the respondent. 2. In this appeal, stay order dated 23.3.2015 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zone Bench, Bangalore in S.T.26506/13 is challenged. The appellant society was issued a demand for service tax of abou .....

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was challenged by the appellant in C.E.Appeal No.8/13 before this Court. By judgment dated 5.11.2013, that appeal was disposed of setting aside this order. In deference to the judgment of this Court, the Tribunal restored the appeal to file, heard the application afresh and passed the impugned order in which the Tribunal has again directed the appellant to deposit ₹ 1 crore and report the compliance on 4.6.2015. It is in this background impugning the order dated 23.3.2015, this appeal is .....

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