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2016 (6) TMI 18 - CESTAT NEW DELHI

2016 (6) TMI 18 - CESTAT NEW DELHI - TMI - Stay application for withholding refund - Demand dropped in order-in-original - Consulting engineering service - Respondent stated that once demand has been dropped, even as per the board's circular F, No. 276/186/2015-CX.8A dated 1.6.2015 the refund should not be withheld - Held that:- even CBEC circular advises field formations to try and obtain stay only where orders have been passed by Commissioner (Appeals). In this case the order has been passed b .....

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t order in original dated 16.6.2015 which dropped the demand of ₹ 389,02,36,342/- raised vide the show cause notice dated 23.6.2014 alleging that the respondent had provided consulting engineering service. 2. Ld. DR stated that if the order is not stayed, it might result in refund of the amount already deposited by the respondent. 3. Ld. Consultant for the respondent stated that once demand has been dropped, even as per the boards circular F, No. 276/186/2015-CX.8A dated 1.6.2015 the refu .....

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IV/03/249/2013/Legal ST II dated 17.04.2015 and Chief Commissioner, Central Excise and Service Tax, Bengaluru Zone letter dt. 07.05.2015 on the above subject. 3. The matter has been examined in the Board. Board has decided that this case does not deserve filing of SLP. The order 11.03.2015 of the Honble High Court dated should be implemented forthwith. In this regard, I am further directed to invite your attention to para (3) of Circular No. 572/9/2001-CX dt. 22.02.2001 regarding disposal of re .....

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