2012 (8) TMI 21

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..... V Ravindran: This stay petition is filed by the appellant for waiver of pre-deposit of the amount of penalties imposed by the adjudicating authority as the appellant has already deposited the Service Tax liability and interest thereon. 2. After hearing both sides for sometime on the stay petition, we find that the appeal itself can be disposed of at this juncture. Hence, after allowing the stay .....

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..... f the submissions made by both sides, we find that the appellant herein had not disputed the Service Tax liability before the first authority. They have only pleaded against imposition of penalties under. Sections 76, 77 and 78 of the Finance Act, 1994 and had conceded the issue on merits. On specific query from the Counsel submits that he is unable to justify the stand taken by the assessee befor .....

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..... his is a fit case for us to invoke the provisions of Section 80 of the Finance Act, 1944 and set aside the penalties imposed on the appellant under Sections 76, 77 and 78 of the Act for the reason that various decisions of the Tribunal are holding that the activities rendered by the appellant could not have been taxed under the category of 'Business Auxiliary Services'. 7. Accordingly, the appeal .....

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