2013 (9) TMI 34

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....UDGEMENT Per DR. D. M. MISRA: This is an application seeking waiver of pre-deposit of Service Tax amounting to Rs.1,01,12,083/- and equal amount of penalty imposed under Rule 78 of the Finance Act, 1994. 2. The Ld. Chartered Accountant Shri Rajashi Dasgupta, C.A. for the applicant has submitted that the present demand has been confirmed on the ground of non-production of invoices/document....

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....nsidered and the demand has been reduced from Rs.3.06crores to Rs.1.01Crores. He has further submitted that in the last quarter ending 31.03.2013, the Applicant had incurred loss of Rs.3.47 crores. The Ld. Chartered Accountant, however, offered to make a pre-deposit of Rs.15.00 lakhs (Rupees Fifteen Lakhs). 3. Ld. A.R. for the Revenue reiterated the findings of the ld. Commissioner. The Ld. A.R....

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....d for the first time before this Tribunal and accordingly not verified by the adjudicating authority about its relevance and genuineness. We find that it is not their plea that they had produced all these documents to rebut the allegation in the demand notice and not considered by the adjudicating authority, but these documents were not in their possession at the material time. In these circumstan....