Cybertech Software and Services Vs. Commr. of C. Ex.

Cybertech Software and Services vs Commr. of C. Ex.

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Sep 15, 2004

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Citation: sooperkanoon.com/36522
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge: K Kumar, J T T.K.
Decided On: Sep 15, 2004
Subject: Other Taxes

Case Summary

AI-generated summary - not the official court judgment text.

Other Taxes

Key legal issue: Other Taxes

Parties & Advocates

Appellant / Petitioner

Cybertech Software and Services

Respondent

Commr. of C. Ex.

Legal References

Reported In: (2006)2STR219

Excerpt

1. heard both sides. it is seen that the stay has been sought against the order dated 7-5-2004 passed by the commissioner remanding the matter to the asst. commissioner to quantify the service tax and take necessary action to recover the same by the process of law.2. the id. jdr submitted that the amount is not quantified. stay petition is not maintainable.3. after hearing both sides, we find that since the amount is yet to be quantified, there is no case for stay.4. we, therefore, dismiss the stay petition filed by the appellant as being pre-mature.

Full Judgment

1. Heard both sides. It is seen that the stay has been sought against the Order dated 7-5-2004 passed by the Commissioner remanding the matter to the Asst. Commissioner to quantify the service tax and take necessary action to recover the same by the process of law.

2. The Id. JDR submitted that the amount is not quantified. Stay petition is not maintainable.

3. After hearing both sides, we find that since the amount is yet to be quantified, there is no case for stay.

4. We, therefore, dismiss the stay petition filed by the appellant as being pre-mature.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties Cybertech Software and Services vs Commr. of C. Ex. Same Subject Other Taxes Same Judge K Kumar, J T T.K.