2009 (3) TMI 882

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..... After examining the records and hearing both sides, I note that the assessee paid service tax with interest thereon before issuance of the show-cause notice. What survives in this case is the question whether any penalty is liable to be imposed on them under Section 76 of the Finance Act, 1994 on the ground of delay in payment of service tax. 2. The Authorised Representative of the assessee subm .....

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..... submissions, I am of the view that waiver of pre-deposit and stay of recovery in respect of penalty imposed under Section 76 of the Finance Act, 1994 cannot be resisted on the strength of the case law cited by the DR. The cited case law is to the effect that a penalty under Section 11AC of the Central Excise Act cannot be avoided by mere reason of the fact that duty with interest was paid prior t .....

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