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2006 (10) TMI 514

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....or the Appellant. Shri R.C. Sankhla, DR, for the Respondent. ORDER We have heard the authorized representative of applicant at length on modification of the stay order, by which the applicant was required to make a pre-deposit of ₹ 12 lakhs within 8 weeks, failing which, the appeal was to stand dismissed. 2. It is contended on behalf of the applicant that the limitation and financia....

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....ities below have, on the basis of material on record, concluded that the applicant had never shown the figures of freight, handling charges and warehousing charges in the ST-3 returns for the period covered by show cause notice, which was from April, 2000 to June, 2004. The show cause notice was issued on 1-11-2004. It was held that the required information with regard to freight, handling charges....

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....uthorities was not to the knowledge of authorities when the show cause notice for a different period was earlier issued. 4. As regards the contention that the applicant firm was incurring losses, it is noticed from the balance sheet as on 31-3-05 that there are ₹ 17,47,354.38 shown in partners' capital account. Though this amount shown as liability of the firm towards the partners, sin....

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....nd that there is absolutely no substance in the contention that the applicant would undergo any financial crisis by depositing the amount of ₹ 12 lakhs. 6. The applicant-assessee was required to pay ₹ 49,04,116/- by way of Service tax and penalty of like amount was also imposed. Therefore, the pre-deposit of ₹ 12 lakhs, as ordered, comes hardly to 12% of the amount payable ....