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Issues involved:
The issues involved in the judgment are related to seeking waiver of pre-deposit of penalty amounts under Section 78 of the Finance Act, 1994, and penalties imposed in the Revisional Order. The key question is whether the penalties imposed are justifiable based on the circumstances of the case. Stay Application No. 190/2006 in Appeal No. 314/2006: The appellant sought waiver of pre-deposit of penalty amount of Rs. 38,00,000/- and other penalties imposed in the Revisional Order. The Order-in-Original did not propose to impose penalty as part of the duty had been paid with interest before the show cause notice was issued. The Assistant Commissioner found no mala fide intention to evade payment of service tax and did not levy penalty. However, the Commissioner in the Order-in-Revision imposed a penalty of Rs. 38,00,000/-, which was challenged. The appellant relied on certain rulings to support their plea that the penalty was not leviable. After considering the matter, the Tribunal granted waiver of pre-deposit and stayed the recovery of the penalty amount till the disposal of the appeal. Stay Application No. 184/2006 in Appeal No. 298/2006: In this stay application, the appellant sought waiver of pre-deposit of penalty of Rs. 18,00,000/- under Section 78 of the Finance Act, 1994, and a daily penalty of Rs. 200 under Section 76 of the Act. The issue was similar to the one in the previous matter. The Tribunal allowed the stay application by granting waiver of pre-deposit of the penalty amount and stayed its recovery till the appeal was disposed of.
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