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Where Pre-deposit of principal demand of Service tax has been waived off CESTAT cannot order of pre-deposit for consequential interest component as a condition precedent for hearing appeal

Service Tax - By: - Bimal jain - Dated:- 19-5-2015 - Dear Professional Colleague, We are sharing with you an important judgment of Hon ble High Court, Punjab and Haryana, in the case of Punjab Chemicals & Corp Protection Ltd. Vs. Commissioner of Central Excise, Chandigarh-II [2014 (5) TMI 985 - PUNJAB & HARYANA HIGH COURT] on the following issue: Issue: Whether the CESTAT order for pre-deposit of consequential interest component as a condition precedent for hearing appeal is justified wh .....

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jab & Haryana held that once the realization of the principal liability was stayed and condition of pre-deposit was waived off, it would not be proper to direct that the entire interest component on the Service tax assessed be deposited as a condition precedent for hearing of the appeal. Hence, pre-deposit of interest was set aside. Hope the information will assist you in your Professional endeavors. In case of any query/ information, please do not hesitate to write back to us. Thanks & .....

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