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2015 (1) TMI 418 - AT - Service TaxWaiver of pre deposit - Undue harship - Held that:- The applicant also submits that financial difficulty would be caused to the applicant if pre-deposit is insisted upon. The law does not provide for the return of the pre-deposit with interest. Therefore, the loss of interest on this account is a financial loss which cannot be recovered by the applicant even if they succeed finally in the matter. On the other hand, if Revenue succeeds they would be entitled to recover the entire amount together with interest thereon. Therefore, the balance of convenience is always in favour of the Revenue. In such a situation inspite of a strong prima facie case in favour of the applicant and if they are directed to pre-deposit any part of the demand it would cause undue hardship to them. - stay granted - Matter remanded back - Decided in favour of assesse.
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