Appeals

CESTAT, Chennai Bench

Dream Loanz

v.

Commissioner of Central Excise, Coimbatore

P.G. CHACKO, JUDICIAL MEMBER

AND KARTHIKEYAN, TECHNICAL MEMBER

STAY ORDER NO. 514 OF 2007

APPLICATION NO. S/PD/44/20/07/IN APPEAL NO. S/59/07/MAS

May 31, 2007

Section 86, read with section 78, of the Finance Act, 1994 - Appellate Tribunal - Appeals to - Period July, 2003 to December, 2004 - Lower authorities demanded service tax along with education cess from assessee and also imposed penalty under section 78 - Whether since entire amount of tax and education cess along with interest thereon had been paid by assessee prior to issuance of show cause notice and its challenge against demand of service tax for period of dispute was supported by certain decisions of Tribunal, requirement of pre-deposit of penalty amount was to be waived - Held, yes [Para 2]