2015 (1) TMI 418

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....r the Appellant : Mr. S. Arul Ebenezer, CA For the Respondent : Mr. Mohd. Yusuf, Addl. Commissioner (AR) JUDGEMENT Per : B.S.V.MURTHY The learned Chartered Accountant submits that appellants have deposited the entire amount of service tax along with 25% of the service tax towards penalty and interest payable thereon and this amount was paid within one month of the adjudication order, t....

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....ide on the various grounds set out by the applicant in the Grounds of Appeal. 5.3 The applicant also submits that financial difficulty would be caused to the applicant if pre-deposit is insisted upon. The law does not provide for the return of the pre-deposit with interest. Therefore, the loss of interest on this account is a financial loss which cannot be recovered by the applicant even if the....

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....nt of Rs. 1,70,75,257/- as directed by the Senior Intelligence Officer of the Directorate General of Central Excise Intelligence, Bangalore Zone Unit. The appellant has further paid 25% of the penalty imposed under Section 78 of the Act, which amounts to Rs. 42,68,814/- within 30 days of the communication of the impugned order. If another pre-deposit is insisted upon, it would not only cause undue....

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....ted upon, it would not only cause undue hardship, but would also cause untold misery to the applicant. 5.6 It is respectfully submitted that based on the detailed grounds mentioned in the Memorandum of Appeal, when prima facie the case and the balance of convenience is in favour of the applicant and an appeal has been preferred by the applicant before your Honour, deposit of the duty, interest ....