SAHARA INDIA COMMERCIAL Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) AT the outset, we note that the applicants have already paid Rs. 90,56,544/ -together with interest of Rs. 9,64,742/ -, out of the total Service Tax amount of Rs. 92,53,924/ - confirmed against them. We, therefore, waive pre -deposit of balance service tax and penalty of amount equal to service tax in terms of Section 78, Rs. 1,000/ - in terms of Section 77 and Rs. 200/ - per day during the period of continuing failure to pay service tax under the provisions of Section 76 of Chapter V of Finance Act, 1944 and stay recovery thereof pending the appeal.