ORBIT PROTECTION FORCE Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE appellant has come against the revision order passed by the learned Commissioner under Section 84 of the Finance Act, 1994 imposing penalty under Section 76 and 78 of the Finance Act, 1994. The penalty has been imposed under Section 76 as that shall be calculated at the rate of Rs. 200/ - per day for the default period or at the rate of 2% per of the tax liability per month. Penalty of Rs. 75,199/ - has been imposed under Section 78 of the Finance Act, 1994. The Revisionary Authority was of the view that equal amount of penalty ought to have been imposed. The order which was sought to be revised by him confirmed the service tax of Rs. 75,199/ - which is not disputed by the assessee and that has been discharged in two strokes followed by penalty of Rs. 10,000/ - each under Sections 76 and 78 of the Finance Act, 1994.

(2.) SHRI Batra Chartered Accountant moving the stay application states that when the service tax demand has already been discharged, realization of the balance demand may be stayed during pendency of the appeal.

(3.) HEARD both the sides and perused the record.