AUTO WORLD Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) THE Applicant filed this application for waiver of pre -deposit of penalty of Rs. 1,42,259/ -.

(2.) The Applicant is working as 'Direct Marketing Agent' of ICICI Bank and other banks. The Applicant is receiving commission/incentive from the banks for every loan sanctioned by the bank in case of customers sponsored by the applicant. The service rendered by the applicant is under 'Business Auxiliary Service'.

(3.) PRIMA facie, I do not find any material for invoking the penalty under Section 78 of the Act. Regarding imposition of penalty under Sections 75A, 76 and 77 of the Act, the submission of the learned Advocate will be looked into at the time of hearing of the appeal. So, the applicant failed to make out a prima facie for waiver of entire amount of penalty. Accordingly, the applicant is directed to deposit Rs. 30,000/ - within six weeks from today.