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April 2015

[2015-TIOL-632-HC-KERALA-ST] Muthoot Finance Ltd. vs. Union of India, Commissioner of Central Excise Customs and Service Tax.

By Puloma Dalal, Jayesh Gogri, Mandar Telang Chartered Accountants
Reading Time 1 mins
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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 date of its decision or on the date of filing of the appeal.

Facts:
The demand 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 made 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 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 the application in due course.

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