TMI Blog2009 (6) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Tax be waived by exercising the discretion as the Tribunal is competent to waive the pre-deposit during pendency of appeal - No financial hardship is pleaded before us. - As per the provisions of Finance Act, 1994, if the Service Tax has been paid after due dates, which was collected by Applicants, statutory interest is to be paid for late deposit of the Service Tax and there is no provision un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition before the Hon'ble High Court and the Hon'ble High Court vide its Order dated 24-2-09 granted liberty to the Applicants only to file an application before the Tribunal, with the direction that if such an application is filed, the same shall be dealt by the Tribunal in accordance with the law after giving an opportunity of hearing to the Applicants. The Applicants filed the present Applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to waive the pre-deposit during pendency of appeal. No financial hardship is pleaded before us. 3. Learned S.D.R., Shri J.A. Khan appearing on behalf of the Revenue submitted that as per the provisions of Finance Act, 1994, if the Service Tax has been paid after due dates, which was collected by Applicants, statutory interest is to be paid for late deposit of the Service Tax and there is no pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal is of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person, the [Commissioner (Appeals)] or, as the case may be, the Appellate Tribunal, may dispense with such deposit subject to such conditions as he or it may deem fit to impose so as to safeguard the interests of revenue." The statutory interest is to be paid as the Service Tax has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
