OIKOS Vs. COMMISSIONER OF C. EX., BANGALORE

JUDGEMENT

(1.) FOR the purpose of hearing the appeal, the appellants are required to pre -deposit penalty amount of Rs. 75,509/ - which has been computed @ Rs. 100/ - to Rs. 200/ - per day from 25 -1 -1999 to 5 -5 -2003. The Service tax of Rs. 75,509/ - has already been deposited by the appellants on 7 -7 -2003 and for various grounds raised in the stay petition, the appellants are seeking waiver of pre -deposit of disputed amount of penalty.

(2.) HEARD both the sides.

(3.) ON a careful consideration of the submissions made by both the sides, we notice that the entire amount of Service tax has already been deposited by the appellants. The appellants have made out a prima facie case for granting waiver of pre -deposit of disputed amount of penalty. Accordingly, the stay application is allowed by granting waiver of pre -deposit of disputed amount of penalty and there shall be no recovery till the disposal of the appeal. The appeal to come up for final hearing in its turn.