SAIBABA TELEFILMS PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Rao waives service.

(2.) Heard finally by consent of parties Perused petition.

(3.) This petition is directed against the order dated 14th December, 2009 [2010 (18) S.T.R. 269 (Tri. - Mumbai)] passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai. By the said order the Tribunal had directed the petitioner to pre-deposit Rs. 50,00,000/-, since the amount of penalty was imposed in the sum of Rs. 2.25 crores on the petitioner in exercise of powers under Section 78 of the Finance Act, 1994 by the Commissioner vide its order dated 3rd August, 2009 [2010 (18) S.T.R. 267 (Tri.-Mumbai)]. Subsequently, the petitioner filed modification application praying for reduction in the quantum of pre-deposit to the extent of 10% of the penalty. The prayer made by the petitioner for reducing the quantum of pre-deposit was not accepted for the reasons recorded in the order dated 7th September, 2009. However, the period for making pre-deposit was extended with direction to report compliance thereof.