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2023 (2) TMI 140 - HC - Service TaxMaintainability of appeal - appeal dismissed on the ground of non-deposit of mandatory pre-deposit, after having heard the Appeal on merits - petitioner is a non-registered dealer under the Service Tax Act - HELD THAT:- Admittedly, petitioner is an unregistered dealer. His appeal has been dismissed on the ground of non-payment of mandatory pre-deposit. It does not appear that there was intent on the part of the petitioner to avoid payment of pre-deposit @7.5% as provided under the amended section 35F of Central Excise Act, 1944. Respondents have also adverted to the facility provided under the RBI Instruction for making such pre-deposit by unregistered dealer / registered non-assessees. In those circumstances, interest of justice would be met if the matter is remanded to the Appellate Authority. Petitioner is required to make pre-deposit within a period of four weeks from today. The impugned order is set aside - petition allowed.
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