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2016 (4) TMI 1079 - CESTAT NEW DELHI

2016 (4) TMI 1079 - CESTAT NEW DELHI - 2016 (41) S.T.R. 868 (Tri. - Del.) - Waiver of pre-deposit - Violation of the provisions of Section 35F of Central Excise Act, 1944 - Appellant neither filed stay application nor made pre-deposit - Demand alongwith interest and penalty confirmed on the ground that the appellant was not eligible for the benefit of exemption Notification No. 18/2009-ST dated 7.7.2009 - Appellant contended that it satisfied all the conditions of Notification No. 18/2009 except .....

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s of Section 35F is prima facie a valid ground for rejection of the appellant’s appeal before the Commissioner (Appeals). Therefore, prima facie, we do not find any infirmity in the impugned order and accordingly we order pre-deposit of entire impugned service tax liability along with interest within four weeks. - Waiver not granted - No. ST/Stay/61524/2013 in ST/60443/2013-CU(DB) - Stay Order No. 53245/2015 - Dated:- 22-9-2015 - MR. G. RAGHURAM, PRESIDENT AND MR. R.K. SINGH, MEMBER (TECHNICAL) .....

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ection. The primary adjudicating authority had confirmed the demand of ₹ 11,80,057/- along with interest and penalty on the ground that the appellant was not eligible for the benefit of exemption Notification No. 18/2009-ST dated 7.7.2009. 2. The appellant has contended that it satisfied all the conditions of Notification No. 18/2009 except that it did not file EXP-2 return every six months of the financial year within 15 days of the completion of the said six months which is only a proced .....

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