TMI Blog2013 (4) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount to the account of the associated enterprises, irrespective of whether the amount was received or not - Held that:- Regarding the demand of Rs.49.7 cores merit in the submission that the demand should have been restricted to the amount actually realized and not on the billed amounts. The appellant has not made such a claim before the Commissioner. However, for the purpose of stay, this sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, Commissioner (AR) Per: M Veeraiyan: Heard both sides extensively on the stay petition. 2. This application seeks waiver of predeposit of service tax amounting to Rs.62,77,31,057/- along with interest and penalty of equal amount under Section 78. 3.1. The learned advocate for the appellant submits that out of the above amount, Rs.49,70,66,826/- relates to 10 contracts which were comme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e billed amount when the same was not realized was not legal. He fairly submits that this fact along with relevant details was not submitted before the Commissioner during the adjudication. He further submits that if the Department's contention on the classification of the disputed service is accepted, then the differential duty payable would be only around Rs.2.4 crores. 3.2. Regarding the dema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her submits that out of this Rs.118 crores, they have since received around Rs.105 crores from the associated firms/companies and discharged service tax and the submission to this effect was made before the Commissioner and he has ignored the said submission. 4. We have heard the learned Commissioner (AR). He submits that the claim of the appellant that they have received only Rs.203 crores out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the light of the decision in the case of Sify Technologies Ltd. (supra). 7. We also find that a sum of Rs.50 lakhs stands paid and appropriated in the impugned order. 8. In view of the above, taking the entire facts and circumstances into account, we direct the appellant to deposit a further sum of Rs.2 crores (Rupees two crores only) within six weeks from today and report compliance to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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