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TMI Blog2013 (10) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent : Shri Rakesh Goyal, Addl. Commissioner (AR) PER : P R Chandrasekharan The appeal and stay application are directed against the Order-in-Original No. 70/KLG(70)COMMR/RGD/11-12 dated 30.3.2012 passed by the Commissioner of Central Excise & Service Tax, Raigad. 2. The appellant, M/s. V.G. Enterprises, undertook a bundle of services such as cleaning services, commercial construction se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order and demand was confirmed along with interest and by imposing penalties. Aggrieved of the same, the appellant is before us. 3. The learned Counsel for the appellant submits that in the present case Service Tax demands have been confirmed without taking into account the pleadings of the appellant at the time of investigation as also before the adjudicating authority. It is submitted that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d period and they have also admitted that they have rendered the impugned services. 4.1 As regards the fabrication of tanks at site, the learned AR submits that the activity does not qualify as 'manufacture' inasmuch as immovable property came into existence. Therefore, it cannot be said that the fabrication of tank at site amounts to 'manufacture'. In respect of the other services, it is his con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im stage, we find that the appellant had not made out a case for complete waiver of pre-deposit of the dues adjudged. Accordingly, we direct the appellant to make a pre-deposit Rs. 10 lakhs within a period of six weeks and report compliance on 2.9.2013. On such compliance, pre-deposit of balance of the dues adjudged against the appellant shall stand waived and recovery thereof stayed during the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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