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TMI Blog2015 (3) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... R This Civil Miscellaneous Appeal filed by the assesse is directed against the Miscellaneous Order no. 42030/2013 (ST/S/40183/2013 in ST/40201/2013) dated 05-08-2013 passed by the Customs, Excise and Service Tax Appellate Tribunal. 2. The appellant is engaged in construction activities both of commercial and residential complexes. During the course of investigation by the Revenue, it came to lig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he demand was not sustainable. 4. The Revenue stated that the demand was based on the ledger entries showing receipt from customers and Bank Statement- was also taken for corroboration. Further, the Revenue contended that in the projects undertaken by the appellant, the undivided share of land was transferred to prospective buyers of constructed area and registered in their name; thereafter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns on both sides, exercised its discretion and directed the appellant, to pre-deposit Rs. 40,00,000/- (Rupees forty lakhs only) as against the demand of Rs. 1,15, 73,087/-. Aggrieved by such order, the appellant has filed the present. Civil Miscellaneous Appeal. 6. Heard Mr. K. Jayachandran, learned counsel appearing for the assessee and Mr. Sundareswaran, learned counsel appearing for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -deposit of Rs. 40,00,000/- (Rupees forty lakhs only), which is less than 40°x, of the total demand. Thus, the CESTA f has considered the three parameters required to be considered viz., prima facie case, hardship and interest of the Revenue and passed the order. Thus, in the absence of any error in the discretion exercised by the CESTAT, we find no ground to interfere with such order. The tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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