SAI SHIPPING SERVICE Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) BY the order impugned, the Commissioner of Central Excise exercising suo motu power under Section 83 (Sic) (Section 84) of the Finance Act, 1994 has imposed penalty of Rs. 24,18,925/ - under Section 78 of the Finance Act. Learned Counsel submitted on behalf of the appellant that the imposition of penalty under Section 76 has been stayed by a Bench of this Tribunal in Service Tax Appeal No. 43 of 2007. After hearing the learned Departmental Representative we are of the view, the main demand and penalty having been stayed, the enhancement of penalty under Section 78 in exercise of suo motu revisional power should also be stayed.

(2.) ACCORDINGLY , the amount of pre -deposit of penalty is waived till disposal of the appeal. This appeal may be tagged with Service tax Appeal No. 43 of 2007 for final hearing.