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2014 (12) TMI 83 - ANDHRA PRADESH HIGH COURTWaiver of pre-deposit - disallowance of Cenvat credit - various input services for construction of the airport and the passenger terminal building - Held that:- Contention of the petitioner that the demand made by the 2nd respondent by the Order-in-Original, dated 29-1-2010 is barred under Section 11A of the Act is the question which requires consideration in the main appeal pending before the Appellate Tribunal and therefore no finding as such can be recorded at this stage. So far as the waiver of pre-deposit as provided under the first proviso to Section 35F of the Act is concerned, it is the discretion that has to be exercised by the Appellate Tribunal subject to such conditions as it may deem fit to impose, so as to safeguard the interests of the revenue. Satisfaction of the Appellate Tribunal that the deposit of duty demanded would cause undue hardship to the appellant is the condition precedent for exercising the discretion so conferred under the first proviso to Section 35F of the Act. Demand stands reduced to ₹ 24,40,75,164/- after appropriating and adjusting the amounts reversed by the petitioner, we consider it appropriate to modify the condition imposed in the impugned order, dated 8-7-2013 and direct the petitioner to deposit 50% of demand - Partial stay granted.
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