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2011 (8) TMI 871 - CESTAT, NEW DELHIWaiver of pre-deposit - show cause notice dated 20-10-2009 alleging that during the period April, 2008 to March, 2009, they have paid service tax to the extent of the cenvat credit available with them and remaining amount of service tax, which was liable to be paid in cash, was delayed from 1 to 6 months from the respective due dates - the various decisions of the Tribunal as also on the Letter No. F. No. 1371/67/2006-CX.4, dated 3-10-2007 which is to the effect that where service tax is paid suo motu by the assessee, the show cause notice is not called for. It stands recorded in the impugned order of the Commissioner that the service tax and interest stand paid by the appellant before issue of the show cause notice - Decided in favor of the assessee
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