TMI Blog2014 (8) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... hile availing cenvat credit, in the composite returns filed, in the context of obtaining registration only for providing ECIS - petitioner asserts that the petitioner is under a financial stress and is unable to remit the pre deposit required, there is no material on record to substantiate the plea of financial hardship of the petitioner, except bald assertion - Conditional stay granted. - Service Tax Appeal No.50482 of 2014 - Stay Order No. 51383/2014 - Dated:- 9-4-2014 - G Raghuram, J. For the Appellant : Shri Naveen Bindal, Adv. For the Respondent : Shri Amresh Jain, AR PER : G Raghuram Waiver of pre deposit and stay of all further proceedings pursuant to the appellate order dated 27.9.2013 passed by the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S services, after availing benefits under Notification No.1/2006-ST. 4. In the circumstances, a show cause notice dated 22.3.2010 was issued proposing disallowance of the benefits availed under Notification No.1/2006-ST and recovery of service tax, interest and penalties. These proceedings culminated in the adjudication order dated 1.3.2011, confirming service tax demand of ₹ 49,02,515/-, apart from interest and penalties under Sections 76, 77 and 78 of the Finance Act, 1994. 5. Aggrieved, the petitioner preferred an appeal which was rejected by the Commissioner (Appeals) vide order dated 27.9.2013. The ld. appellate Authority rejected the claim of the petitioner to be entitled to the benefits of Notification No.1/2006-ST on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing the considerations received on each of these services. The petitioner also failed to reveal/justify availment of abatement benefits while availing cenvat credit, in the composite returns filed, in the context of obtaining registration only for providing ECIS. Though the ld. Counsel for the petitioner asserts that the petitioner is under a financial stress and is unable to remit the pre deposit required, there is no material on record to substantiate the plea of financial hardship of the petitioner, except a and bald assertion. There is no evidence for the claim of financial hardship, on record. 8. In the aforesaid circumstances, I find no justification for granting full waiver of pre deposit. Pre deposit is therefore waived on condi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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