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    <title>2013 (12) TMI 1270 - CESTAT MUMBAI</title>
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    <description>On a prima facie view, the appellant&#039;s contractual activity did not fall within Commercial and Industrial Construction Service, so insistence on pre-deposit was unwarranted at that stage. Because the dismissal below rested only on non-compliance with the pre-deposit direction and the merits were not examined, the matter had to be considered afresh by the first appellate authority. The pre-deposit requirement was therefore waived and the case was remanded to the Commissioner (Appeals) for decision on merits without insisting on pre-deposit.</description>
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    <pubDate>Wed, 18 Jan 2012 00:00:00 +0530</pubDate>
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      <title>2013 (12) TMI 1270 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=241605</link>
      <description>On a prima facie view, the appellant&#039;s contractual activity did not fall within Commercial and Industrial Construction Service, so insistence on pre-deposit was unwarranted at that stage. Because the dismissal below rested only on non-compliance with the pre-deposit direction and the merits were not examined, the matter had to be considered afresh by the first appellate authority. The pre-deposit requirement was therefore waived and the case was remanded to the Commissioner (Appeals) for decision on merits without insisting on pre-deposit.</description>
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      <pubDate>Wed, 18 Jan 2012 00:00:00 +0530</pubDate>
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