TMI Blog2014 (2) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... make the case of total waiver of pre-deposit of dues arising from the impugned order - Conditional stay granted. - ST/41924 - 41925/2013 - ORDER No. 42919-42920/2013 - Dated:- 30-12-2013 - Shri P.K. Das and Shri Mathew John, JJ. For the Appellant : Shri T. Ramesh, Adv. and Shri Joseph I, Adv., For the Respondent : Shri M. Ram Mohan Rao, DC (AR) ORDER Per: Mathew John; The first applicant is a proprietorship firm with the second applicant as the proprietor. The applicant firm had worked as Recovery Agent for loans given by different Financial Institutions. Such service was taxable under Section 65 (105) (zzzl) of Finance Act, 1994, w.e.f. 01.05.2006. However, the applicant-firm had not paid appropriate service tax du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng representatives of other financial institutions to bring out discrepancies. But, that was not allowed by the adjudicating authority and that has resulted in confirmation of a huge amount. He submits that he had already made a deposit of Rs.7,23,369/-, which is recorded in para 36 of the impugned order, though not appropriated in the order portion. He prays that the appeal may be heard without further pre-deposit. He also pleaded financial hardship in making any pre-deposit. 3. Opposing the prayer, the Ld. AR for the Revenue submits that the demand has been made based only on the payments to M/s. S.R. Associates, having the PAN No. AGDPR1623F, which is the PAN of the applicant and therefore, no value of service rendered by any other per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not disclosed full details of the value of the service provided by them and amounts collected as service tax from various clients. Instead the applicant has only asked for cross examination of representatives of the Financial Institutions. Since this case is based on records, cross examination of representatives of the banks is not that important. Going by figures admitted by the applicant itself there is substantial amount of tax to be paid. Under the circumstances, the applicants failed to make the case of total waiver of pre-deposit of dues arising from the impugned order. Therefore the first appellant is directed to pre-deposit Rs. 60 lakhs within a period of 8 weeks and report compliance on 05.03.2014. 5. Subject to such pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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