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    <title>2018 (7) TMI 666 - CALCUTTA HIGH COURT</title>
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    <description>The court declared the impugned notice dated February 16, 2015, as quashed due to the provisions of sub-rule (2) of Rule 5A of the Service Tax Rules, 1994, and clause (k) of sub-section (2) of Section 94 of the Finance Act, 1994, being previously held ultra vires by the Delhi High Court in similar cases. The court emphasized that these provisions remained struck down pending appeal and found it unjust to allow the respondents to act based on them. The case was disposed of without costs, with urgent certified copies of the order to be provided to the parties upon compliance.</description>
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      <link>https://www.taxtmi.com/caselaws?id=363358</link>
      <description>The court declared the impugned notice dated February 16, 2015, as quashed due to the provisions of sub-rule (2) of Rule 5A of the Service Tax Rules, 1994, and clause (k) of sub-section (2) of Section 94 of the Finance Act, 1994, being previously held ultra vires by the Delhi High Court in similar cases. The court emphasized that these provisions remained struck down pending appeal and found it unjust to allow the respondents to act based on them. The case was disposed of without costs, with urgent certified copies of the order to be provided to the parties upon compliance.</description>
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