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2009 (8) TMI 678 - CESTAT, MUMBAIPenalty - Commissioner (Appeals) confirmed demand of service tax, interest thereon and equal amount of penalties on assessee. On stay application, assessee contended that it had already paid amount against differential tax liability of service tax as said amount was collected by it erroneously from customers and same may be adjusted against impugned demand. Held that - since assessee had already deposited sum along with interest although collected erroneously, treating same as sufficient, pre deposit of penalty was to be waived and recovery thereof was to be stayed.
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