2015 (11) TMI 837

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....or the Respondents : Mr. A.P.Srinivas ORDER R.SUDHAKAR, J. Aggrieved by the common order of the Tribunal in remanding the matters back to the adjudicating authority in the appeal filed by the Revenue, the appellant/assessee is before this Court by filing the present appeals raising the following questions of law :- "i) Whether the first respondent is correct in ignoring the fact ....

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....assification of the service and its taxability?" 2. It is submitted by the learned counsel appearing for the appellant that the issue involved in the above appeals is arising out of the common order passed by the Tribunal. The said common order of the Tribunal has been challenged before this Court in a batch of appeals. This Court vide order dated 30.04.2015 in C.M.A.Nos.764 to 768 of 2015, all....

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....ing counsel for the Department that all the issues can be trashed out before the adjudicating authority does not find favour with this Court as the Department cannot be allowed to fill up the lacunae in the show cause notices on the basis of an open remand as alleged by appellants. 18. Therefore, this Court is of the considered view that the matter has to be remitted back to the Tribunal ....