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2014 (5) TMI 102

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..... ommissioner (Appeals) impugned herein dt.27.01.2014 is not legally sustainable and the petitioner is entitled to get the protection as already being considered by the Tribunal Mumbai Bench pending appeal - Decided in favour of assessee. - D. B. Civil Writ Petition No. 2002/2014 - - - Dated:- 11-4-2014 - Hon'ble Mr. Justice Ajay Rastogi And Hon'ble Mr. Justice J.K. Ranka,JJ. For the .....

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..... port of their contention but no reason was assigned and order came to be passed by the Adjudicating Authority dt.20-03/04-2012. However, the Commissioner (Appeals) without taking note of the order of the Tribunal Mumbai Bench, still directed the petitioner to pay the entire amount of service tax and that is the subject matter in the instant writ petition. When the matter came up before the Cour .....

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..... en made in the above para. In the light of what has been observed in our considered view the order of the Commissioner (Appeals) impugned herein dt.27.01.2014 is not legally sustainable and the petitioner is entitled to get the protection as already being considered by the Tribunal Mumbai Bench pending appeal. However, we further make it clear that what is being observed by us is only in res .....

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