Tribunals and CommissionsDivision Bench(2014) 07 CESTAT CK 0007

Desert Inn Limited vs C.C.E., Jaipur I

Customs, Excise And Service Tax Appellate Tribunal · Decided on 9 July 2014

HON’BLE JUDGES
G. Raghuram, J · R. K. Singh, Technical Member
RESULT
Allowed
CASE NUMBER
Stay Application No. 55796 Of 2013, Service Tax Appeal No. 55558 Of 2013

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 187 words
1.

By the impugned order, the Commissioner (Appeals) disposed of two appeals preferred by the appellant/assessee against separate adjudication

orders dated 17.3.2011 and 29.3.2011 passed by the Deputy Commissioner, Service Tax, Jaipur, partly allowing the appeals. The appellate

Commissioner granted relief only to the extent dropping penalty under Section 77 of the Finance Act, 1994.

2.

A connected appeal of the assessee preferred against the same appellate order, pertaining to rejection of its appeal against an adjudication order

covering the same issue but pertaining to another period, was allowed by us today in ST Appeal No. 55557/2013, on the ground that the issue stands

settled in favour of the by judgment of in Federation of Indian Chambers of Commerce and Industry vs. C.S.T., Delhi reported in 2014 - TIOL - 701 -

CESTAT - DEL.

3.

For the reasons alike and it is also fairly conceded by the ld. A.R. for Revenue (that the issue is covered on the legal principle in favour of the

assessee), we allow this appeal by quashing the impugned order dated 31.3.2010 passed by the Commissioner (Appeals). No order as to costs.