TMI Blog2015 (2) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... be ascertained after verification of accounts in depth which was not done. It shall be looked into at the time of appeal hearing. In view of that, the applicant failed to make out a strong prima facie case for waiver of pre-deposit of the entire amount of tax along with interest and penalty. The learned Advocate submits that the matter should be remanded as the Adjudicating authority had not consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apr.'07 to Oct.'11 under the category of Transportation of Goods by Road Service . 2. After hearing both sides and on perusal of the records, we find that the demand was raised on the basis of the Trial Balance produced by them at the time of audit of their accounts. The Adjudicating authority observed that the credit balance in their General Ledger Accounts needs to be considered to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Advocate on behalf of the applicant submits that this findings of the Adjudicating authority are erroneous. It has been stated that the Trial Balance and the Profit and Loss Account did not tally as there is difference in accounts. While Trial Balance is summary of transaction, Profit and Loss Account, is summary of accounts. Both cannot match and it is precisely the reason for the dispute. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-deposit of the entire amount of tax along with interest and penalty. The learned Advocate submits that the matter should be remanded as the Adjudicating authority had not considered the Reconciliation Statement of Accounts, which will be evident from the CD. Therefore, we direct the applicant to pre-deposit a sum of ₹ 50,00,000/- (Rupees Fifty Lakhs only) within a period of eight weeks. Up ..... X X X X Extracts X X X X X X X X Extracts X X X X
|