CROMPTON GREAVES LTD. Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) THE issue relates to leviability of Service Tax on a transaction which took place abroad under the reverse charge mechanism under Section 66A of the Finance Act, 1994. The appellant has discharged the tax and interest liability under protest and the stay application is with respect to the penalty levied on the appellant. Leviability of tax being an issue for decision, the matter has to go before the Division Bench in view of the provisions of Section 35D(3) of the Central Excise Act, 1944. Accordingly, Registry is directed to list this appeal and stay application before the Division Bench for consideration and disposal.