2013 (12) TMI 1277 - HC - Service Tax

Pre-deposits ordered to be made Reduction of the amount of pre-deposit Plea of financial hardship - Held that - Assessee contended that they had been incurring losses - the activities of the appellant company are closed down and the order passed by the Tribunal requires modification - the interest of justice would be served taking into account the correct financial condition of the appellant if it is directed to make a pre-deposit of Rs.55,00,000 upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
- Appeal against order of Central Excise & Service Tax Appellate Tribunal regarding predeposit of service tax amount
- Financial hardship of the appellant company

Analysis:
1. The judgment deals with an appeal against the order of the Central Excise & Service Tax Appellate Tribunal, where the appellant was directed to make a predeposit of Rs.1.10 crore against a demand of service tax amounting to Rs.4,48,26,443 for services rendered between October 2005 and February 2011, along with interest and penalty.

2. The appellant's counsel argued on the merits of the appeal pending before the Tribunal and highlighted the financial hardship faced by the appellant. The counsel pointed out that the appellant had incurred losses, and the company's activities were closed down, necessitating a modification of the Tribunal's order. The counsel also emphasized discrepancies in the financial figures considered by the Tribunal, indicating that the correct financial condition of the appellant was not appropriately assessed.

3. The High Court acknowledged the discrepancies in the financial figures and found that the plea of financial hardship was not adequately considered in the impugned order. Considering the correct financial position of the appellant, the Court modified the order, directing the appellant to make a predeposit of Rs.55,00,000 within 8 weeks and report compliance by January 31, 2014. The Court stayed the recovery of the balance amount pending the final disposal of the appeal, ensuring that the appellant's financial condition was taken into account for the interest of justice.

4. Additionally, the appellant's counsel agreed to pay the specified amount without prejudice to the rights and contentions in the ongoing appeal before the Tribunal. The High Court disposed of the appeal with the modified order, reflecting a balanced approach that considered both the legal aspects and the financial challenges faced by the appellant company.