petitioner received an amount of 18,97,716/- from the said Corporation for the period from 11.5.2007 to 8.11.2007 on account of upgradation, modernization of T/C Samalkha. The audit party found that the petitioner was not holding service tax registration for providing such construction services whereas the services rendered by him were taxable services. On 18.6.2008, the petitioner received a letter for providing details of the last five years of all the services provided by him and the payments received by him. The petitioner vide letter dated 16.6.2009 supplied the details along with the copies of tenders. On scrutiny of the details, the department found that a sum of 3,86,787/- as service tax was not paid by the petitioner and accordingly, a show cause notice dated 29.7.2009 (Annexure P-1) was issued to the petitioner for recovery of the service tax for the period from 25.10.2004 to 20.12.2007. In pursuance thereof, respondent No.4 vide order dated 30.3.2010 (Annexure P-2) confirmed the said demand of 3,86,787/- and penalty amounting to 5000/-. Feeling aggrieved, the petitioner filed an appeal before respondent No.3 who vide order dated 16.9.2010 (Annexure P-5) upheld the order of the adjudicating authority and dismissed the appeal. Still dissatisfied, the petitioner filed second appeal along with the stay application before the Tribunal. On 18.7.2011, while adjudicating the stay application, the Tribunal had allowed the waiver of pre-deposit to the extent of 50% and remaining 50% was to be deposited within a period of four weeks from the date of receipt of order and compliance was to be reported on 16.9.2011. On 16.9.2011, neither the petitioner appeared nor any compliance was intimated to the Tribunal. In such circumstances, the
