9911796707
TMI Blog2010 (6) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner (Appeal) has exercised the powers arbitrary, is not sustainable. In these circumstances, there is no reason to interfere with the impugned order and same is upheld. Appeal filed by the Revenue is rejected. - ST/19/2009 - - - Dated:- 22-6-2010 - For approval and signature: Hon'ble Shri Ashok Jindal, Member (Judicial) Appeared:- Shri Manish Mohan, SDR Authorized Represe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not only financially but also administratively, hence they suspended their business and concerned manager and staff members left the company. At the same time the company suffered tremendous financial loss. At the end NSE authorities also declared them as defaulters. Hence, they had to pursue the matter with the police, Court and insurance Companies. Insurance company has also not settled their c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Finance Act, 1994 is conditional as the assessee has to prove that there was reasonable cause for failure to pay Service Tax. 3. The learned DR reiterated the grounds of appeal. 4. On the other hand the learned Advocate relied on the decision of Commissioner of Central Excise Customs, Daman Vs. Lion Security Services reported in 2008 99) STR 529 (Bom.) wherein the Hon'ble Bombay High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ily. Mere saying that the assessee has failed to prove reasonable cause is not sufficient in the absence of any evidence showing that the Commissioner (Appeal) has exercised the powers arbitrary, is not sustainable. In these circumstances, I do not find any reason to interfere with the impugned order and same is upheld. Appeal filed by the Revenue is rejected. (Pronounced in court) (Ashok Jin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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