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2009 (9) TMI 726

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..... t. ORDER This stay application is directed against the order of imposition of penalty under Sections 76 & 77 of the Finance Act, 1994 on the applicants. 2. The ld. Counsel for the applicants submit that they have already deposited a sum of Rs. 1,000/- as penalty imposed under Section 77 of the Finance Act, on receipt of the order-in-original and the only dispute remains about the penalty under .....

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..... he applicant immediately deposited the interest on delayed payment as directed by the department within the stipulated period of time. He prayed for stay of grant of waiver of pre-deposit of penalty during the pendency of the appeal. 4. Heard. 5. I find that the applicant has made out a good prima facie case in its favour, I grant waiver of pre-deposit of the penalty and stay the demand thereof .....

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