9911796707
TMI Blog2010 (3) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 78 of Finance Act, 1994 equal to the service tax amount. Held that- I hold that the financial difficulty has not been shown and since the appellant does not have a prima facie case, I consider that the appellant should make a deposit of Rs.2 lakhs towards pre-deposit under Section 35F of Central Excise Act, 1944 made applicable to service tax matters by Section 83 of Finance Act, 1994, wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to Rs.3,45,681/- with interest. Further, the penalties were imposed under Section 76 and Section 78 of Finance Act, 1994 equal to the service tax amount. Stay application filed by the appellant before Commissioner (Appeals) was considered and the appellant was asked to deposit Rs.3 lakhs. Since the appellant failed to deposit the same, the appeal has been rejected. 2. Learned advocate on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , states that the case of the department is based on the bank statement which shows receipt of consideration for services rendered, income tax return and statement of authorized signatory. He submits that the department has a strong case even though he fairly agrees that for 7 months during 2001-2002, the demand is not sustainable being beyond 5 years. 4. In this case, there is no dispute tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of authorized signatory. The I.T. Department document mainly relates to the period prior to 2001 and the statement of accounts for 2001 to 2002 would cover a part of the period. What is required to be proved by the department is that the appellant has provided services and have received consideration, in my opinion, can be said to have been shown by the statement of the authorized signatory and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not been shown and since the appellant does not have a prima facie case, I consider that the appellant should make a deposit of Rs.2 lakhs (Rupees Two lakhs only) towards pre-deposit under Section 35F of Central Excise Act, 1944 made applicable to service tax matters by Section 83 of Finance Act, 1994, within eight weeks and report compliance to Commissioner (Appeals) who shall after noting the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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