Muthoot Finance Ltd vs. Union of India, Commissioner of Central Excise Customs and Service Tax. [2015-TIOL-632-HC-KERALA –ST]
The right of appeal that is vested is to be governed by the law prevailing on the date of institution of the suit or proceeding and not by the law that prevailed on the dare of its decision or on the date of filing of the appeal.
FACTS:
The demands of service tax was confirmed against the petitioner who could prefer an appeal before the CESTAT however a pre-deposit of 7.5%of the tax amount is required to be mad in view of the amended provisions effective from 06.08.2014.
HELD:
The suit commenced in 2012 therefore the appeal to be filed would be governed by the statutory provisions as they would be governed by the statutory as they stood prior to 06.08.2014 The Appellate Tribunal shall consider the application for waiver of pre-deposit, Stay of recovery and thereafter proceed to hear he application in due course.
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