2016 (8) TMI 10

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....m, J. For the Petitioner : Mr. K. Jayachandran For the Respondent : Mr. A. P. Srinivas ORDER The petitioner has filed this Writ Petition, praying for issuance of a writ of mandamus, to direct the first respondent to keep the issue in call book and in abeyance of passing final orders of the statement of demands, dated 05.06.2015 and 26.10.2015 till the disposal of the petitioner's A....

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....ing of the Appeals are concerned, the same were dismissed. At this stage, it would be relevant to quote the operative portion of the order passed by the Tribunal, which reads as follows:- "After considering the submissions of both sides, we find that there is no dispute on the fact that appellants carrying out job work on the goods received from the principal manufacturer and after carryi....

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....e addition. Therefore, in view of Tribunal decision referred above, prima facie, appellants have made out a case for waiver of total demand. Accordingly, there will be waiver of predeposit and stay of recovery during pendency of Appeal. Stay Application is allowed. We do not find any merit in the EH applications, which are dismissed." 3. As on date, the order passed by the Tribunal, though it i....

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....d not issue mandamus to the first respondent, forbearing him from performing their statutory duties. Therefore, this Court, with a view to strike a balance, issues the following directions:- i) The show cause notices, dated 05.06.2015 and 26.10.2015, issued by the first respondent shall be kept in abeyance, till the disposal of the Appeals filed by the petitioner as against order in original, d....