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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>CESTAT stays Rs. 24,18,925 penalty under Finance Act Section 78, waives pre-deposit, tags appeal for final hearing.</h1> The Appellate Tribunal CESTAT, New Delhi, stayed the imposition of a penalty of Rs. 24,18,925 under Section 78 of the Finance Act by the Commissioner of ... Enhancement of penalty - suo motu revisional power - penalty under Section 78 of the Finance Act, 1994 - waiver of pre-deposit - tagging of appeals for final hearingEnhancement of penalty - suo motu revisional power - waiver of pre-deposit - Whether enhancement of penalty under Section 78 in exercise of suo motu revisional power should be stayed when the main demand and penalty under Section 76 have been stayed by the Tribunal. - HELD THAT: - The Tribunal noted that the Commissioner exercised suo motu revisional power under the Finance Act, 1994 to impose an enhanced penalty under Section 78. As the principal demand and the penalty under Section 76 were already subject to stay by a Bench of the Tribunal in Service Tax Appeal No. 43 of 2007, the Tribunal held that the exercise to enhance penalty should not be permitted to proceed independently while the primary orders remain stayed. In consequence, the Tribunal directed that the enhanced penalty proceedings be stayed and that the requirement of any pre-deposit in respect of the enhanced penalty be waived pending disposal of the appeal. The Tribunal also ordered administrative consolidation by directing that the present appeal be tagged with Service Tax Appeal No. 43 of 2007 for final hearing.Enhancement of penalty under Section 78 stayed; pre-deposit of the enhanced penalty waived until disposal of the appeal; appeal to be tagged with Service Tax Appeal No. 43 of 2007 for final hearing.Final Conclusion: The Tribunal stayed the enhancement of penalty imposed under Section 78 in exercise of suo motu revisional power, waived the pre-deposit of that penalty until the appeal is finally disposed of, and directed that the appeal be tagged with Service Tax Appeal No. 43 of 2007 for hearing. The Appellate Tribunal CESTAT, New Delhi, in the case citation 2008 (1) TMI 224, stayed the imposition of penalty of Rs. 24,18,925/- under Section 78 of the Finance Act by the Commissioner of Central Excise. The Tribunal waived the pre-deposit of penalty until the appeal is disposed of and tagged the appeal with Service Tax Appeal No. 43 of 2007 for final hearing.
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