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2008 (9) TMI 191

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..... he terms of SCN - prayer for waiver of pre-deposit of balance amount of Rs. 75,000/- is accepted - there shall be no further deposit in the matter - matter is remanded to the Commissioner (Appeals) for deciding the case on merits - ST/270/2008 - 1066/2008 - Dated:- 4-9-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Shri M.S. Srinivas, Advocate, for the Appellant. .....

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..... ecting the Miscellaneous application for modification of the interim stay order. The learned Counsel submits that they are not liable to pay the amount of Rs. 75,000/- which has not been properly worked out by the Revenue. It is the submission that this amount has been confirmed beyond the terms of show cause notice. The issue pertains to the availment of credit of service tax paid towards the tra .....

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..... in case of T. N. Dadha Pharmaceuticals v. CCE [2003 (152) E.L.T. 251 (S.C.)]. All these aspects are required to be considered by the Commissioner (Appeals) while deciding the matter on merit. The prayer for waiver of pre-deposit of balance amount of Rs. 75,000/- is accepted. There shall be no further deposit in the matter. The matter is remanded to the Commissioner (Appeals) for deciding the c .....

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