2008 (4) TMI 175

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....ngh for the Appellant. A.K. Madan for the Respondent. [Order per Justice S.N. Jha, President.] - The Additional Commissioner confirmed demand of service tax amounting to Rs. 10,42,255 with interest on the said amount under section 75 of the Finance Act, 1994. He also imposed penalty of equal amount with interest under section 76 and further penalty of Rs. 1,000 per day under section 77 of th....

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.... are not able to appreciate as to how when, undisputedly, the appellant remains liable to pay service tax, even as per the order-in-appeal, without ensuring that the tax liability gets discharged, refund was allowed to the appellant. 4. We may mention here that when the appeal came up for hearing on 8-2-2008, the same was deferred so that the outstanding demand as per the Commissioner's orders ....