TMI Blog2019 (11) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... e Sheet, Financial Statement has been annexed with the application. Bare assertion has been made that there is a financial difficulty to pay the aforesaid pre-deposit amount. It ought to be kept in mind that after the amendment brought in Section 35F of the Central Excise Act, 1944, the statute has already waived 92.5% of the demand of the tax and the penalty. Thus, after the said amendment the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s application has been preferred with the following prayers : a) Allow the Applicant to make payment of pre-deposit amounting to ₹ 5,82,88,503/- in pursuance of Order dated 29, August 2019 issued by this Hon ble Court, in two Separate and equal installments i.e. i) 50 percent on or before 15 November 2019 and ii) 50 percent in 6 months' time i.e. before 20 th May 2019; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per Order-In-Original is at ₹ 77,71,80,036/- as Service tax inclusive of Education Cess, Secondary and Higher Secondary Education Cess. Moreover, penalty of ₹ 54,78,10,695/- has also been imposed. The aforesaid amount is to be paid with interest. 4. Thus, against the aforesaid demands and other demands as stated in the Order-In-Original dated 31st October, 2017, appeal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the total amount of duty. In fact, the waiver applications were generating more litigation and therefore, the amendment has been brought into force so as to reduce or curtail the discretionary power vested with the CESTAT. Moreover, validity of this Section has also been upheld. 7. Hence, we see no reason to entertain this application and the same is therefore dismissed. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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