Cybertech Software and Services Vs. Commr. of C. Ex. - Court Judgment

SooperKanoon Citationsooperkanoon.com/36522
SubjectOther Taxes
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided OnSep-15-2004
JudgeK Kumar, J T T.K.
Reported in(2006)2STR219
AppellantCybertech Software and Services
RespondentCommr. of C. Ex.
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.
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.