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    <title>2015 (12) TMI 1358 - CESTAT NEW DELHI</title>
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    <description>An adjudication order denying abatement was set aside because it proceeded on an asserted short payment due to alleged non-inclusion of free supplies, even though the record and show cause notice did not establish any such supplies. The order also failed to address the assessee&#039;s specific pleas that certain projects were exempt or not liable to service tax. As the reasoning was contradictory, unsupported by evidence, and showed non-consideration of the pleadings, it was treated as a case of gross non-application of mind and could not be sustained. The matter was remanded to the adjudicating authority to pass a fresh speaking order after considering the assessee&#039;s contentions.</description>
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    <pubDate>Thu, 17 Sep 2015 00:00:00 +0530</pubDate>
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      <title>2015 (12) TMI 1358 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=270054</link>
      <description>An adjudication order denying abatement was set aside because it proceeded on an asserted short payment due to alleged non-inclusion of free supplies, even though the record and show cause notice did not establish any such supplies. The order also failed to address the assessee&#039;s specific pleas that certain projects were exempt or not liable to service tax. As the reasoning was contradictory, unsupported by evidence, and showed non-consideration of the pleadings, it was treated as a case of gross non-application of mind and could not be sustained. The matter was remanded to the adjudicating authority to pass a fresh speaking order after considering the assessee&#039;s contentions.</description>
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      <pubDate>Thu, 17 Sep 2015 00:00:00 +0530</pubDate>
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