Home Case Index All Cases Service Tax Service Tax + HC Service Tax - 2015 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 480 - BOMBAY HIGH COURTWaiver of pre-deposit - cenvat credit - exempted and taxable services - trading activity - tribunal directed the appellant to deposit 50% of the CENVAT Credit disallowed - prima facie view - Held that:- So long as any tentative and prima facie finding will suffice for disposal of such interim applications, the Tribunal must be careful and render only them and nothing more. We find that not just absence of a word “prima facie” but otherwise as well the findings cannot be termed as tentative. In these circumstances, we are of the opinion that we should not express any view on the debatable issue and on merits. Rather we should only interfere with that part of the Tribunal's order where it has imposed conditions of deposit. Interest of justice would be served if the appellant deposits a sum equivalent to 25% of the confirmed demand and if that deposit is made within a period of eight weeks from the date of receipt of a copy of this order, the Tribunal shall hear the appeal on merits and according to law. - Stay order modified - Decided partly in favor of assessee.
|