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2014 (3) TMI 817 - CESTAT KOLKATAWaiver of pre deposit of Service Tax - demand on the basis of receipt shown in the Balance Sheet in comparison to their ST-3 Returns filed with the Department - Held that:- for the period 1.6.2007 onwards, they have not discharged the exact amount of Service Tax against the receipts shown in their balance sheet. The explanation submitted by the Ld. Advocate is that they were under severe financial hardship and thus they have undertaken the trading of textile items from their Head office in Kolkata, and the excess receipts shown in their Balance Sheet against the value in ST-3 returns, are due to the said reason. We find that the said plea has not been raised earlier before the adjudicating authority, hence, prima facie not acceptable at this stage. In these circumstances, we are of the view that the applicant could not be able to make out a prima facie case for total waiver of pre deposit of dues adjudged against them. Even though the applicant has pleaded financial hardship and submitted that the Bank has withdrawn their cash credit facilities but failed to substantiate by producing evidence including the Profit & Loss A/c. for the relevant years. In such circumstances, we are of the view that the claim of the financial hardship has not been substantiated through material particulars - Conditional stay granted.
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