INDUSTRIAL SECURITY AGENCY Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) HEARD both sides.

(2.) SHRI S.D. Gaur, learned Consultant, appearing for the applicants states that the applicants have already paid tax determined and also Rs. 20,500/ - out of the penalty imposed. Considering the payment made, we waive requirement of pre -deposit of balance amount. Stay application is allowed.

(3.) LEARNED Consultant, Shri S.D. Gaur states that in this case tax determined is amounting to Rs. 36,901/ -, but two penalties amounting to Rs. 36,901/ - each have been imposed by the authorities below under Sections 76 and 78 of the Finance Act, 1994 which is harsh and unwarranted.