2009 (7) TMI 807 - AT - Service Tax

Waiver of pre-deposit of penalty - imposed by the Review authority under Sections 76 and 77 of the Finance Act, 1994 - learned Counsel submits that the order-in-revision was passed subsequent to the order passed by the Commissioner (Appeals) on the same order-in-original - Held that - issue involved in this case is interpretation of Section 84 of the Act. As the issuance of the revision order is subsequent to the order issued by the Commissioner (Appeals), we find that this is a fit case for granting waiver of pre-deposit of the penalty amounts

Summary

The Appellate Tribunal CESTAT, Bangalore granted waiver of pre-deposit of penalty imposed under Sections 76 and 77 of the Finance Act, 1994. The stay application was allowed, and no recovery of the penalty amount was to be made until the appeal was disposed of.