2024 (4) TMI 1039

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....r overall development of Assam and the said project started commercial production w.e.f. 02.01.2016. After commencement of production, the appellant accumulated huge losses. These losses were incurred on account of payment of interest by the appellant for borrowings from the banks, promoters and Oil Industry Development Board for operational and working capital requirements. 2.1 DGCEI initiated proceedings by way of issuance of show-cause notice that the appellant was earning income by way of charging/recovering amounts under PRS from the contractors for delay in supply/service contract but was not discharging service tax thereon. 2.2 Therefore, after adjudication, an amount of service tax of Rs.7,90,08,905/- was confirmed along with ....

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....ner of CGST & Excise reported in 2021-TIOL-306-CESTAT-Allahabad, to say that the amount deposited during investigation and/or pending litigation is ipso-factor pre-deposit and interest is payable on such amount to the appellant in successful in the appeal from the date of deposit till the date of refund. 3.1 He also relies on the following decisions : (i) Pr.Commissioner of CGST & Excise, New Delhi Vs. Emmar MGF Construction Private Limited : 2021 (55) GSTL 311 (Tri.-Del.) ; (ii) Kesar Enterprises Vs. Commissioner of CGST & Excise, Noida : 2022 (380) ELT 319 (Tri.-All.) ; (iii) Allied Chemicals & Pharmaceuticals Private Limited Vs. Commissioner of CGST & Excise, Jaipur : 2022 ( 382) ELT 371 (Tri.- Del.) ; ....

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....ng the appeal before this Tribunal, although, this Tribunal was having discretionary power to waive whole of the demand, for part of the demand or ask for deposit of whole of the amount confirmed against the appellant, is to be per-deposited. 8. As prior to 06.08.2014, the assessee was required to make predeposit for whole of the demand confirmed by way of impugned order to file an appeal before this Tribunal, the said provision has forgone w.e.f. 06.08.2014 and the mandatory provision was brought into the Statute and as per the said provisions to file appeal before this Tribunal, the assessee is required to make pre-deposit of 7.5% of service tax confirmed against them. 9. Admittedly, in this case, the appellant has made the pre-depo....