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2009 (9) TMI 732

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..... against waiver of pre-deposit of the following amounts. Service Tax of Rs. 4,26,78,338/- Penalty of Rs. 5000/- u/s 77 Penalty of Rs. 100/- per day up to 17-4-2006 and Rs. 200/- or @ 2% of the tax whichever is higher u/s 76. 2. Heard both sides and perused the records. 3. Confirmation of demand of service tax has arisen for the period 16-8-2002 to 9-9-2004. The demand is under the consul .....

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..... 00,000/- as R D Cess for the period 18-4-06 to 31-3-2007 and would submit that the benefit of Notification No. 17/04 will be applicable to them. It is his submission that the appellant/applicant is making loss and produces a balance sheet for the year ended 31st December 2008 and draws our attention to the profit and loss account and the balance sheet, which indicates loss. 5. Learned SDR would .....

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..... imed by learned counsel, we direct the applicant to deposit an amount of Rs. one crore within a period of six months from today and report compliance on 10th March 2010. Subject to such compliance being reported, condition of pre-deposit of the balance amounts is waived and recovery thereof stayed till the disposal of the appeal. (Pronounced and dictated in open Court) - - TaxTMI - TMITax - .....

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