2009 (6) TMI 877

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..... , for the Respondent. ORDER The appellant has filed this appeal along with stay petition against the Order-in-Original No. 2/ST/2008 dated 27-11-2008 passed by the Commissioner of Central Excise, Pune, wherein Service Tax amounting to Rs. 38,39,187/- and penalties under Sections 78 and 76 of the Finance Act, 1994 has been imposed. 2. The issue involved in this case is as to whether the applican .....

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..... " in selling the products. 5. After considering the arguments made by both the parties and perusal of the records, we find that nowhere the Department has made out that M/s. Talreja Trade is using the brand name of the applicants for their products. We also find that the applicants are having a good prima facie case in their favour. In view of the above we grant complete waiver of pre-deposit of .....

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