2003 (5) TMI 181

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....ence to the impugned order No. 2/99, dated 22-7-99 passed by the Commissioner of Central Excise, Bangalore. 2. Shri Srinivasa, appearing for the appellants, submitted that issue relates to Service Tax. The adjudicating authority, on considering the facts and circumstances, dropped the proceedings. Against that order, the department has filed an appeal before the Commissioner (Appeals). In the m....

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....order, Department has filed an appeal before the Commissioner of Central Excise (Appeals). The appeal was disposed off by the Commissioner (Appeals) only on 24-8-2000, since the Department has withdrawn the appeal. It was submitted by the Counsel that during the pendency of the appeal, the Commissioner has proceeded to revise the order passed by the adjudicating authority. He has no power to revie....

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...., the Commissioner has proceeded to revise the order on 22-7-99, which is contrary to the provisions of the statute, particularly in view of the wordings of Section 84(4) of the Finance Act. 5. I have carefully considered the matter. On going through the submissions made by both sides and in view of the wordings of Section 84(4) of the Finance Act, 1994, I find that there is lot of force in the....