TMI Blog2021 (3) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... e persuaded to accept the argument 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 pre-deposit of an amount equivalent to 7. 50 % of the service tax demand subject to a maximum of ₹ 10 crore and therefore, not an efficacious remedy. The learned standing counsel appearing for the revenue is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 113,53,62,269/- out of the demanded service tax amounting to ₹ 135,31,15,753/-. 2. The impugned order also imposes the penalty equivalent to 50 % of the service tax on the transactions for the relevant period and the penalty equivalent to 100 % of the service tax on the transactions for the period between 01.04.2011 to 07.04.2011 under Section 78 (1) of the Finance Act, 1994. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant to the remedy of filing of the appeal before the Tribunal. 4. At the same time, we also take the notice of the fact that few submissions were made on merits too. Way back on 27.12.2018, a coordinate Bench of this Court by way of an ad-interim relief restrained the respondents from making any coercive recovery pursuant to the impugned order-in-original dated 31.10.2018. 5. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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