TMI Blog2009 (6) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Appellant. Shri J. A. Khan, SDR, for the Respondent. [Order per: S.S. Kang, Vice-President]. - Heard both sides. 2. The Applicants filed this Application for waiver of pre-deposit of Service Tax of Rs. 62,12,831.00 and penalty. The demand was confirmed after denying the benefit of Notification No. 34/2004-S.T., dated 3-12-2004. 3. The contention of the Applicants is that they are receivi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued by the Service Provider, the amount charged was less than Rs. 1500.00. Therefore, prima facie, the Applicants have made out a case in their favour. Hence, pre-deposit of the amount of Service Tax and penalty are waived and recovery of the same are stayed during pendency of the Appeal. Stay Petition is allowed.
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