2019 (1) TMI 1385

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..... E MS.JUSTICE HARSHA DEVANI) 1. Mr. Mihir Joshi, Senior Advocate, learned counsel for the petitioner, submitted that the appellate remedy provided under section 35F of the Central Excise Act, 1944 read with the provisions of section 86 of the Act mandates a predeposit of an amount equivalent to 7.50% of the service tax demand / penalty subject to a maximum of Rs. 10/Crores. It was submitted that .....

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..... icating authority wherein he has recorded that understandably, the contract revenue is POC sales for which invoices are issued and thus forms the billed revenue. From the above formula, adding billed revenue to POC sales is absurd and incongruous and therefore, the formula is incorrect. Thus, addition of billed revenue to POC sales is wrong and the gross revenue arrived at by the audit is totally .....

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