TMI Blog2018 (10) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... 1994. Held that:- Since sub-rule 2 of Rule 5A of the Service Tax Rules, 1994, as substituted by notification dated December 25, 2014 was declared ultra vires by Mega Cabs Pvt. Ltd. (supra), it would be appropriate to grant interim stay of the proceedings. Such stay will continue till November 30, 2018 or until further orders whichever is earlier. List the writ petition under the heading “for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of delegation. The third prayer is with regard to a notice dated February 16, 2015. 2. Learned Advocate for the petitioner submits that, the issue of vires of similar provisions of the Finance Act, 1994 initially came up for consideration before the Delhi High Court in 2014 (35) S.T.R. 653 [Travelite (India) v. Union of India]. Such provisions were held to be ultra vires. He submits that, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the proceedings. Such stay will continue till November 30, 2018 or until further orders whichever is earlier. 5. Let affidavit-in-opposition be filed within four weeks from date. Reply thereto, if any, be filed within two weeks thereafter. 6. List the writ petition under the heading for Hearing in the monthly list of November 2018. 7. Urgent website certified copies of this order, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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