2007 (7) TMI 193

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..... t and stay of recovery of penalties under sections 76 and 77 of the Finance Act, 1994 which works out to Rs. 44,243. 2. After hearing both sides, the appeal itself is taken up for disposal after waiving the requirement of pre-deposit. 3. The appeal against the impugned order also challenges the demand of service tax on the basis that quantification relating to certain months of the material peri .....

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..... of the provisions. He has also cited the decision of the Tribunal in Catalyst Capital Services (P.) Ltd. v. CCE 2005 (184) ELT 34/1 SIT 241 (Mum. - CESTAT), wherein, in a case of similar facts the Tribunal had waived the penalty finding that there was no mala fide intention on the part of the appellants in making the late payment of service tax. Ld. SDR submits that in all the months during the m .....

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