2014 (4) TMI 1083

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....llant. Shri Manish Sharma, Counsel, for the Respondent. JUDGMENT This is a tax appeal against the order dated 1-8-2011 passed by the Central Excise Service Tax Appellate Tribunal, New Delhi (the Tribunal) dismissing the appeal of M/s. Bhagwati Power & Steel Limited (the Assessee) for non-compliance of the order dated 13-12-2010. The Facts 2. A show cause notice dated 13-11-2009....

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.... The aforesaid application for waiver was decided on 13-12-2010 and the Assessee was required to pay a sum of Rs.  40,00,000/-, and it was ordered that in case the Assessee deposits a sum of Rs.  40,00,000/- within a period of 10 weeks, then the order of the AO shall remain stayed. 6. The Assessee could not deposit the sum of Rs.  40,00,000/- and its appeal was ultimate....

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.... it should be deposited in cash. 10. The counsel for the Assessee submits that : • In case the appeal of the Assessee is dismissed then the Excise duty sought to be recovered can always be paid through the Cenvat credit account; • In this case, the Excise duty sought to be recovered from the Appellant is much more than Rs.  40,00,000/-; • In case....