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TMI Blog2015 (9) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... 005 of 2013 dated 19-8-2013 on an application filed by the appellant/assessee for grant of stay of recovery and waiver of pre-deposit in respect of amount of service tax demanded by the order of Commissioner of Central Excise dated 30-9-2012. By the said order, the Original Authority confirmed the demand of service tax of Rs. 1,59,83,866/- for the period from May 2006 to September 2009; the demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion towards pre-deposit would cause severe financial hardship and the petitioner also faces shortage of working capital, no other averments were made in the application before the Tribunal regarding financial hardship of the appellant. 3. The Tribunal, after considering the case of the appellant pointed out that the argument raised by the appellant including the decision of this Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E. & C. are not applicable to the facts of the present case. It is no doubt that these observations of the Tribunal were for the purpose of considering the prima facie case and would not in any manner prejudice the rights of the parties at the time of final hearing of the appeal. In the absence of any specific plea regarding the financial hardship, the Tribunal directed pre-deposit of Rs. 45 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idavit stating that any direction of the Tribunal towards pre-deposit would cause severe financial hardship and the petitioner also faces shortage of working capital, no material was placed before the Tribunal in support of such contention. In such circumstances, we find no error in the discretionary order passed by the Tribunal. Accordingly, we hold that the assessee has not made out a case for i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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