9911796707
TMI Blog2019 (3) TMI 1592X X X X Extracts X X X X X X X X Extracts X X X X ..... 12 And M.P.(MD) Nos. 1 of 2011, 1 of 2012 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... rt below is having jurisdiction, as a preliminary issue and decide the same at the first instance. The Court below dismissed the said I.A. holding that the issue of jurisdiction can be decided only after hearing both sides, against which, CRP.132/11 is filed. 4. The facts of the case in CRP.398/12 are that O.S. No. 2313/2004 has been filed by the respondents 1 to 3 in CRP. 398/12/plaintiffs for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction to entertain the service tax matter. In support of the said contention, he relied on a judgment of the Hon'ble Supreme Court in Hindustan Laminators Pvt. Ltd., vs. Union of India in F.M.A.T. 2322 of 2003 decided on 09.09.2003. He also relied on paragraphs 2 and 3 of the proceedings in C. No. V/ST/15/23/2007-CEx Adj, Order No. 04/2007(ST), dated 28.08.2007 of the Joint Commissioner of Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... form ST4 and shall be verified in the prescribed manner." 8. From the above, it is seen that as against the order passed by the Joint Commissioner of Customs & Central Excise, there is an appeal remedy to the Commissioner of Customs & Central Excise (Appeals). Further, in the judgment of the Hon'ble Supreme Court in Hindustan Laminators Pvt. Ltd., vs. Union of India in F.M.A.T. 2322 of 2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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