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2015 (7) TMI 674 - CESTAT KOLKATA

2015 (7) TMI 674 - CESTAT KOLKATA - TMI - Waiver of pre deposit - Penalty u/s 78 - Held that:- Applicant has deposited the entire amount of Service Tax. The applicability of penal provisions whether resulting out of suppression of facts relating to collection of service tax and non-deposit with the Government, would be examined at the time of disposal of the appeal. At this stage, the offer to deposit ₹ 10.00 Lakhs seems to be reasonable. Consequently, the applicant is directed to deposit .....

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Per DR.D.M. MISRA Heard both sides. 2. This is an application seeking waiver of pre-deposit of Service Tax of ₹ 1.88 Crores and penalty of equal amount imposed under Section 78 of the Finance Act, 1994. 3. At the outset, the Ld. Sr. Advocate Shri J.P. Khaitan for the applicant submits that against the confirmed demand of ₹ 1.88 Crores, they have already deposited ₹ 1.90 Crores towards Service Tax. He submits that due to some financial difficulty, the service tax amount could n .....

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