On a careful consideration of the case records and the submission made by both sides, we find that the appellants have not made out a prima facie case for complete waiver of the dues adjudged against them. The impugned order sustained demand of service tax of Rs 7,67,673/, applicable interest, penalty @ 200/- per day or @ 2% of the tax confirmed per month for the period the tax was in arrears, penalty of Rs 5000/- under Section 77 of the Act and penalty of Rs 12,00,000/- under Section 78 of the Act. We find that a pre-deposit of Rs 1,00,000/- (rupees one lakh only) will be appropriate to hear and dispose the appeal. Hence we direct the appellants to pre-deposit Rs 1,00,000/- within four weeks from to day and report compliance on 20 th September 2010. Subject to such compliance, we order waiver of balance dues pending decision in the appeal.
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, BANGALORE
Service Tax Stay Application No. 572/2009
Appeal No. 926/2009
M/s NEODAM RUBBER PRODUCTS PVT. LTD.
Vs
COMMISSIONER OF CENTRAL EXCISE, HYDERABAD
Date of Decision: 16.08.2010
Appellant Rep by: Mr S Jai Kumar, Adv.
Respondent Rep by: Mr M M Ravi Rajendran, JDR
