2010 (5) TMI 318

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..... rongly utilised was reversed before issuance of SCN. Thus penalty was not justified.
MS. JYOTI BALASUNDARAM, VICE-PRESIDENT AND DR. CHITTARANJAN SATAPATHY, TECHNICAL MEMBER S. Ignatius for the Appellant. T.H. Rao for the Respondent. ORDER Ms. Jyoti Balasundaram, Vice-President - For the reasons recorded below, we waived pre-deposit of penalty of Rs. 30 lakhs imposed upon the assessees herei .....

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..... able with the service tax, or the person to whom such tax refund has erroneously been made, may pay the amount of such service tax, chargeable or erroneously refunded, on the basis of his own ascertainment thereof, or on the basis of tax ascertained by a Central Excise Officer before service of notice on him under sub-section (1) in respect of such service tax, and inform the Central Excise Office .....

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..... payment of service tax or erroneously refunded service tax, if any, as may be determined by the Central Excise Officer, but for this sub-section." 3. Our view finds support from Tribunal's order in Santi Casting Works v. CCE [2009] 20 STT 459 (Chennai - CESTAT) which has been followed in CCE v. Sagar Enterprises [2010] 25 STT 46 (Ahd. - CESTAT). Following the ratio of the above decisions which h .....

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