AVS ASSOCIATES Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE applicant filed this application for waiver of pre -deposit of penalty of Rs. 4,44,735/ - under Section 78 and Rs. 1,000/ - under Section 77 of the Finance Act, 1994.

(2.) LEARNED Chartered Accountant on behalf of the applicants submits that the applicants are rendering Business Auxiliary services in the nature of Rent -a -Cab. He submits that the due to ignorance of law they failed to deposit the tax for the period April, 2000 to November, 2006 within the stipulated period, which they have deposited along with interest in January, 2007. He also submits that the original authority imposed penalty under Sections 76, 77 and 78. The Commissioner (Appeals) dropped the penalty under Section 76 against which Revenue filed the appeal which is listed for hearing on 24 -7 -2009.

(3.) REGISTRY is directed to tag this appeal with Revenue's appeal No. ST/193/09.