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2014 (5) TMI 531 - HC - Central ExciseWaiver of pre deposit - Duty demand - Splitting up of demands - Held that:- The enquiry according to the tribunal revealed that the appellant had availed cenvat credit of service tax paid on services which were used for trading activity of imported goods and relating to their real estate business and the credit so taken was utilized towards discharge of excise duty on goods manufactured at their factory at Alibag. Prima facie some admissions have also referred and in the statements of the officers of the appellant. Taking an overall view of the matter, the tribunal has found that out of the duty, interest and penalty demanded a case for complete waiver has not been made out. One can't at this stage break up the demand and hold that in so far as the sum of ₹ 3,23,00,000/- out of the sum of ₹ 6½ crores there is a strong prima facie case. The demand cannot be considered after broken up and in isolation. It may be, that the appellant would ultimately succeed. However, what the tribunal has gone by is the principle that prima facie case is not a case which would ultimately succeed but which merits require serious consideration and deeper investigation. It is in doing that the tribunal has observed that the interest of both sides can be protected by its interim order - appeal does not raises any substantial question of law - Decided against assessee.
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