2013 (5) TMI 821

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.... E R BY THE COURT:- This writ petition has been filed by the petitioner originally with the prayer that Circular dated 1/1/2013 be declared unconstitutional, null and void and respondents may be directed not to recover the demand of service tax pursuant to the notice dated 20/2/2013 in consonance of the aforesaid Circular dated 1/1/2013 till decision of the appeal and stay application before....

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....eals are pending on 18.04.2013 and their presence be recorded in the proceedings." Learned counsel for the respondents opposed passing of the aforesaid order in the present case contending that appeal of the writ-petitioner is pending before the Commissioner (Appeals) Central Excise Jaipur-I - respondent No.3 since 2004 and in between it was dismissed in default and was restored much later and ....