Customs, Excise and Gold Tribunal – Mumbai
Acharya Jialal Vasant Sangeet … vs Commr. Of C. Ex. on 21 February, 2006
Bench: J Balasundaram, Vice-, A T K.K.
ORDER
Jyoti Balasundaram, Vice-President
1. The application for waiver of pre-deposit of penalty of Rs. 10,000/- imposed under Section 76 and Rs. 3,000/- under Section 77 of Chapter V of the Finance Act, 1994 for failure to obtain registration and to submit ST-3 returns, is allowed as the applicants have prima facie shown that they are not Mandap Keepers as per Section 65(67) of the Finance Act as they had only let out a hall belonging to them on long term basis and prima facie not given the hall for functions to earn income there from.
2. We, therefore waive pre-deposit of the penalties and stay recovery thereof pending the appeal.