2013 (6) TMI 236

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.... When this stay petition was called out and after hearing both sides for some on the stay petition, we find that the issue lies in a narrow compass. 2. We find from the records that the first appellate authority has rejected the appeal filed by the appellant only for non- compliance of pre-deposit ordered by him. The issue involved in this case is regarding the utilisation of cenvat credit fo....

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....envat credit for the discharge of service tax liability on the GTA services. In our view, this decided ratio will be applicable in this case. Be that as it may, since the first appellate authority has not decided the order on merits, we are precluded from considering the merits and disposing the appeal. Accordingly, we set aside the impugned order and remand the matter back to the first appellate ....