Tribunal orders deposit of Service Tax balance, cenvat credit repayment within 8 weeks despite financial difficulties. The Appellate Tribunal CESTAT, Bangalore, directed the appellant to deposit the balance of Service Tax and wrongly availed cenvat credit within eight ...
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Tribunal orders deposit of Service Tax balance, cenvat credit repayment within 8 weeks despite financial difficulties.
The Appellate Tribunal CESTAT, Bangalore, directed the appellant to deposit the balance of Service Tax and wrongly availed cenvat credit within eight weeks despite financial difficulties not justifying non-payment to the government. The waiver of pre-deposit of penalties was allowed, and recovery stayed pending appeal disposal, with compliance required by a specified date.
Issues: Stay petition for waiver of pre-deposit of Service Tax, wrongly availed cenvat credit, and penalties under Rule 15(2) of CCR, Section 77, and Section 78.
The Appellate Tribunal CESTAT, Bangalore, heard a stay petition for the waiver of pre-deposit of various amounts, including Service Tax, wrongly availed cenvat credit, and penalties. The Adjudicating Authority confirmed that the appellant had not deposited Service Tax collected from customers and wrongly availed cenvat credit during a specific period. The appellant argued financial difficulties as the reason for non-deposit of the amount. The Tribunal noted that financial difficulties cannot justify non-payment to the government. Despite the appellant having paid a portion of the amount, the Tribunal directed the appellant to deposit the balance of Service Tax and cenvat credit within eight weeks and report compliance. The application for waiver of pre-deposit of penalties was allowed, and recovery stayed pending appeal disposal. Compliance was to be reported by a specified date.
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