2009 (9) TMI 726

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..... against the order of imposition of penalty under Sections 76 77 of the Finance Act, 1994 on the applicants. 2. The ld. Counsel for the applicants submit that they have already deposited a sum of Rs. 1,000/- as penalty imposed under Section 77 of the Finance Act, on receipt of the order-in-original and the only dispute remains about the penalty under Section 76 of the Finance Act, 1994. By thi .....

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..... erest on delayed payment as directed by the department within the stipulated period of time. He prayed for stay of grant of waiver of pre-deposit of penalty during the pendency of the appeal. 4. Heard. 5. I find that the applicant has made out a good prima facie case in its favour, I grant waiver of pre-deposit of the penalty and stay the demand thereof during the pendency of this appeal. (P .....

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