2014 (1) TMI 452

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....ate, for the Appellant. Shri K.K. Jaiswal, SDR, for the Respondent. ORDER The appellant, a manufacturer of pharmaceuticals, had made some exports. The exports had been made against letters of credit issued by their bankers, M/s. ICICI Ltd. and the sale proceeds of the goods exported were received through ICICI Bank. A show cause notice dated 16-10-2008 was issued to the appellant on the g....

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.... notice was confirmed along with interest and besides this, penalty of equal amount was imposed under Section 78 of Finance Act, 1994 and also another penalty of Rs. 200/- per day under Section 76 ibid. On appeal to the Commissioner (Appeals), the Asstt. Commissioner's order was upheld by the Commissioner (Appeals) vide order-in-appeal dated 15-10-2010. Against this order of the Commissioner (Appe....

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....a facie case, the requirement of pre-deposit of service tax, interest and penalty may be waived for hearing of the appeal and recovery thereof may be stayed till the disposal of the appeal. 4 Shri K.K. Jaiswal, the ld. SDR, opposed the stay application reiterating the findings of the Commissioner (Appeals) in the impugned order and emphasised that the amount paid by the appellant is for th....