No penalty can be imposed if Service Tax liability & interest thereof stand deposited u/s. 73(3)

CESTAT, AHMEDABAD BENCH IMDC Ltd. V/s.  Commissioner of Central Excise ORDER NOS. A/297/WZB/AHD OF 2012 & S/335/WZB/AHD OF 2012 APPLICATION NO. ST/S/1431 OF 2011 APPEAL NO. ST/617 OF 2011 MARCH 14, 2012 ORDER 1. This Stay Petition is filed for waiver of pre-deposit of penalty imposed by the adjudicating authority and upheld by first appellate authority. 2. The penalty has been imposed on the ground that the appellant has contravened the provisions of Section 76 by delaying the payment of Service Tax to Govt. of India. 3. After hearing both sides for sometime on the matte...