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TMI Blog2015 (12) TMI 1270X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings for realization of the adjudicated liability during the pendency of the appeal. The appeal before the Tribunal raises a debatable issue - No illegality or perversity could be pointed out by the learned counsel for the appellant in the findings recorded by the Tribunal which may warrant interference by this Court. Accordingly, no substantial question of law arises in this appeal - Decided against Revenue. - STA No. 26 of 2015 (O&M) - - - Dated:- 29-9-2015 - Ajay Kumar Mittal And Ramendra Jain, JJ. For the Appellant : Mr. Sukhdev Sharma, Adv ORDER Ajay Kumar Mittal, J. 1. This appeal has been preferred by the revenue under Section 35G of the Central Excise Act, 1944 against the order dated 9.12.2014 (Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 65(55a) of the Finance Act, 1994 (for brevity the 1994 Act ), the respondent was liable to pay service tax to the tune of ₹ 43.43 lacs for the period in question. Accordingly, a show cause notice dated 12.11.2010 (Annexure A-1) was issued to the respondent for recovery of ₹ 43.43 lacs under Section 68 read with Section 73 of the 1994 Act along with interest and penalty. The adjudicating authority vide order dated 31.5.2012 (Annexure A-2) confirmed the demand of ₹ 31.48 lacs along with interest and also imposed penalty of the equal amount along with penalty of ₹ 5000/- under Section 77 of the 1994 Act. Feeling aggrieved, the respondent filed an appeal before the Commissioner (Appeals) who vide order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thus, transaction falls outside the scope of Section 65(55b)(a) of the 1994 Act. Thus, the Tribunal finding strong prima facie case in favour of the assessee granted waiver of pre-deposit in full and stayed all further proceedings for realization of the adjudicated liability during the pendency of the appeal. The appeal before the Tribunal raises a debatable issue. 6. No illegality or perversity could be pointed out by the learned counsel for the appellant in the findings recorded by the Tribunal which may warrant interference by this Court. Accordingly, no substantial question of law arises in this appeal. 7. In view of the above, there is no merit in the instant appeal and the same is hereby dismissed. Needless to say, nothing obse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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