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2016 (1) TMI 483 - PUNJAB AND HARYANA HIGH COURT

2016 (1) TMI 483 - PUNJAB AND HARYANA HIGH COURT - 2016 (43) S.T.R. 534 (P & H) - Waiver of pre-deposit - Tribunal directed the appellant to deposit entire amount of service tax to entertain the appeal amounting to ₹ 26,59,784/- whether the amount of pre-deposit as directed by the Tribunal was unfair and excessive - works contract - contract of cleaning various parts of M/s Guru Gobind Singh Super Thermal Plant - Held that:- appellant has already deposited a further sum of ₹ 6,70,252 .....

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L, J. 1. This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 against the order dated 1.10.2015 (Annexure A-6) passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi (hereinafter referred to as the Tribunal ) directing the assessee to deposit entire amount of service tax amounting to ₹ 26,59,784/- as pre-deposit. 2. A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. In t .....

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l Excise Ropar vide letter dated 27.5.2009 (Annexure A-1) asked the Chief Engineer of Thermal Plant that whether any industrial or trading activity is being carried out by them; whether the work being done by co-operative societies of cleaning is of technical nature and whether it pertains to plant or machinery or office or residential area in Thermal Plant. In pursuance thereto, the office of Deputy Chief Engineer opined that the work of cleaning of station building/service building cleaning of .....

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66,721/- + S&H Education Cess ₹ 16,846/-) along with interest and penalty for the period June 2005 to March 2010. The appellant filed its reply dated 14.11.2010. The adjudicating authority vide order dated 31.10.2011 (Annexure A-3) confirmed the said demand and imposed penalty of equal amount under Section 78 of the Act and further imposed penalty of ₹ 200/- per day under Section 77 of the Act. Feeling aggrieved, the appellant filed an appeal before the Commissioner (Appeals) who .....

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