GRAPHITE INDIA LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) HEARD the ld. JDR for the Department. None appeared on behalf of the appellants in spite of notice. The appellants filed this application for waiver of pre -deposit of penalty amount imposed under Section 76 of the Finance Act, 1994. The appellants had already deposited an amount of Rs. 7,13,126/ - along with interest before issuance of show cause notice.

(2.) I find that the Commissioner (Appeals) in the impugned order dismissed the appeal filed by the appellants on the ground that only the issue involved in the appeal is in respect of penalty imposed under Section 11AC of the Central Excise Act, 1944, whereas the adjudicating authority imposed the penalty under Section 76 of the Finance Act, 1994 and there is no issue in respect of the penalty imposed under Section 11AC of the Central Excise Act. In the circumstances, as the appellants had already paid Service Tax along with interest, pre -deposit of penalty is waived. Stay petition is allowed.