TMI Blog2008 (6) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... y them - There is prima facie case for imposition of penalty - Therefore, stay is granted partly - ST/151-152/2008 - 570-571/2008 - Dated:- 23-6-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Shri S. Krishnamurthy, Advocate, for the Appellant. Smt. Sudha Koka, SDR, for the Respondent. [Order per: S.L. Peeran, Member (J) (Oral)]. - ST/stay/85/2008: In this ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll under the category of Clearing Forwarding Agent service. Since they had paid the Service Tax and since they were under the bona fide belief, they took the Cenvat credit and later they have paid the same back to the department, therefore, they pray for waiver of penalties. The learned Counsel submits that they are contesting the issue on merits and, therefore, they are not liable to pay penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is prima facie case for imposition of penalty. Therefore, we direct them to pre-deposit a sum of Rs. 1,00,000/- (Rupees one lakh only) towards penalty within a period of two months. On such deposits, the balance of penalties stands waived and recovery stayed. Call on to report compliance on 8th September, 2008. Failure to deposit will entail dismissal of the appeal. ST/stay/86/2008 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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