2014 (5) TMI 985

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....t : Ms. Munisha Gandhi, Senior Advocate with Mr. Tarun Gaur, Advocate. For the Respondent : Mr. Sukhdev Sharma, Advocate ORDER Ajay Kumar Mittal, J. 1. This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (in short "the Act") for modification of the order dated 24.1.2014 (Annexure A-8) passed by the Custom, Excise and Service Tax Appellate Tr....

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....nalty. The assessee filed a detailed reply dated 20.2.2012 to the show cause notice. The adjudicating authority vide order dated 7.3.2012 (Annexure A-1) confirmed the demand of Rs. 35,14,534/- and also imposed penalty and interest. Feeling aggrieved, the assessee filed an appeal before the Commissioner (Appeals) who vide order dated 25.2.2013 (Annexure A-2) dismissed the appeal. Still dissatisfied....

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....e Tribunal vide order dated 24.1.2014 (Annexure A-8) while disposing of the application (Annexure A-4) stayed the entire demand of service tax and directed the assessee to pay interest component on the service tax assessed upto date within four weeks failing which the appeal shall stand rejected for failure of predeposit. Hence, the present appeal. 3. Learned counsel for the appellant submitted....

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.... for realization of the adjudicated liability in terms of the impugned order but the element of interest which was consequential to the adjudicated liability was ordered to be paid on the service tax assessed. Once the realization of the principal liability was stayed and condition of pre-deposit was waived off, it would not be proper to direct that the entire interest component on the service tax....