M/S MEGHMANI INDUSTRIES LTD. Vs. CCE AHMEDABAD

JUDGEMENT

(1.) THIS Stay Petition is filed for waiver of pre -deposit of Service Tax of Rs.13,62,562/ -, interest thereof and equivalent amount of penalty under Section 78 and also penalty under Section 76 of Finance Act, 1994. After hearing both sides for some time on the Stay Petition, we find that the appeal itself can be disposed at this juncture as the issue lies in a narrow compass. Accordingly, the application for waiver of pre -deposit of the amounts involved is allowed and the appeal itself is taken up for disposal.

(2.) HEARD both sides and perused the records.

(3.) WE find that the CBE&C has also issued a circular F.No.276/8/2009 -CX8A, dt.26.09.2011 and clarified that the Service Tax liability will not arise on the recipient of services prior to 18.4.06. In view of the above, we find that the impugned order is liable to be set aside. The impugned order is set aside and the appeal is allowed.