2013 (12) TMI 964

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..... or the waiver of pre-deposit of amount of penalty of Rs. 2,41,861/-, imposed by Commissioner of Central Excise & Customs, Vadodara under the provisions of Section 84 of Finance Act, 1994 as a revisionary authority. 2. None appears on behalf of the appellant despite notice. The issue being in narrow compass, the stay petition is taken up for disposal in the absence of any representation from .....

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..... of Section 78 and sub section 5 [Section 78(5)] clearly hold, that penalty imposed is equal to the amount of service tax liability escaped, penalty under Section 76 cannot be imposed during the relevant period. 5. In view of this, I find that the appellant has made out a prima facie case for waiver of pre-deposit of amounts involved. Accordingly, the application for waiver of pre-deposit of .....

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