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2016 (1) TMI 1007 - DELHI HIGH COURT

2016 (1) TMI 1007 - DELHI HIGH COURT - 2016 (332) E.L.T. 577 (Del.) , 2016 (41) S.T.R. 791 (Del.) - Application for waiver of the predeposit under Section 35F dismissed - Held that:- In the absence of any counter affidavit by the Respondent, the Court considers it appropriate to make absolute the order passed by this Court [2015 (10) TMI 788 - DELHI HIGH COURT]. The impugned order passed by the CESTAT is, accordingly, modified by directing that the appeal of the Petitioner would be heard without .....

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file reply. Considering that notice was issued in this writ petition on 17th July, 2015 itself and more than 5 months have elapsed since then, there is no justification in seeking further time to file a reply. 2. This writ petition is directed against the order dated 30th June, 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal ( CESTAT ) dismissing the Petitioner s application for waiver of the predeposit under Section 35F of the Central Excise Act, 1944 ( Act ) . 3. The iss .....

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s right is a matter which has to be decided and is pending adjudication. The fact of the matter is that it is either one of the two services that would apply. The petitioner has remitted an amount of ₹ 1,04,96,924/- as service tax under the category of Transportation of Passengers by Air Services . The Tribunal has refused to give credit to the petitioner for this deposit under the provisions of Section 35 of the Central Excise Act, 1944 on the ground that the tax has been paid for a categ .....

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