2014 (11) TMI 127

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....Mr. V Sridharan, Senior Counsel, with Mr. Prakash Shah For the Respondents : Mr. Pradeep S Jetly with Ms. Anakima Malhotra ORDER P. C. 1. The City and Town Development Authority has filed this Appeal to challenge an interim order of the Tribunal. We have heard Mr. Sridharan, learned Senior Counsel, appearing for the Assessee and Mr. Jetly, learned counsel, appearing for the Revenue. Af....

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....Authority within the meaning of the said term appearing under the "Maharashtra Regional and Town Planning Act, 1966." In such circumstances, it being an organization or agency of the State, the dues of the Revenue are secured. That being the position and now the issue having been answered finally in favour of such Assessee by order passed by the Tribunal in the case of M/s. Greater Noida Industria....

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....mand of Rs. 136 Crores. The Tribunal has only directed the deposit of Rs. 20 Crores. In such circumstances, the Appeal does not raise any substantial question of law. 6. We have heard both sides and we are of the opinion that the Tribunal is considering interpretation of the term "Taxable Service" as defined in section 65(105) (zzzz) of the Finance Act, 1994. That is enabling the levy, assessme....

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.... to the Tribunal's final order. In such circumstances, while reserving any opinion on the correctness of this view, what we find is that the point at this stage appears to be prima facie covered in favour of the Appellant Assessee. In these circumstances, the Tribunal should not have insisted even otherwise on securing a Revenue in the sum of Rs. 20 Crores as directed. This was a fit case when....