Advanced Search Results

Net Plast Ltd., Kanpur Vs. Commissioner of Central Excise, Kanpur and ...

Court : Allahabad

Subject : Excise

Acts : Allahabad High Court Rules, 1952 - Rule 5; Central Excise Act, 1944 - Sections 35F; Constitution of India - Articles 226 and 227

Reported in : 1999(3)AWC2003; 1999(113)ELT791(All); 2000(116)ELT451(All)

maintainability of appeal - Chapter 8 Rule 5 of Allahabad High Court Rules, 1952 and Section 35F of Central Excise Act, 1944 - special appeal from interim Order of Commissioner - whether such special appeal is maintainable under Rule 5 … (Appeals) Ghaziabad. The Commissioner by means of this order passed in exercise of power conferred by Proviso to Section 35F of the Central Excise and Salt Act, 1944 partially waived the condition of pre-deposit of excise duty.

Pak Products Vs. Union of India

Court : Gujarat

Subject : Excise

Acts : Central Excises and Salt Act, 1944 - Sections 35F

Reported in : 1995(76)ELT32(Guj); (1990)2GLR1237

party concerned for the purpose of dispensing with the deposit. Section 35F of the Central Excises and Salt Act, 1944, reads as follows : '35F. Deposit, pending appeal, of duty demanded or penalty levied. - Where in any … by the party concerned for the purpose of dispensing with the deposit. Section 35F of the Central Excises and Salt Act, 1944, reads as follows … this matter today for final hearing. 4. The main contention of the petitioner is that the Collector of Central Excise (Appeals) has not given opportunity to the petitioner to appear and represent its case for having the deposit

D.C.W. Limited Vs. Commissioner (Appeals)

Court : Gujarat

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35F

Reported in : 1998(97)ELT424(Guj); (1997)2GLR913

Court may grant stay without going into merits and without imposing any condition. 4. Section 35F of the Central Excise Act, 1944 reads as follows : '35F. Deposit, pending appeal, of duty demanded or penalty levied - Wherein any appeal … cases because the High Court may grant stay without going into merits and without imposing any condition. 4. Section 35F of the Central Excise Act, 1944 reads as follows : '35F. Deposit, pending appeal, of duty demanded

Suraj Steel Rolling Mills Vs. Union of India

Court : Gujarat

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35F; Workmen's Compensation Act, 1923 - Sections 30; Customs Act, 1962 - Sections 129A and 129E; Foreign Exchange Regulations Act, 1973

Reported in : 2000(68)ECC257; 2000(115)ELT280(Guj)

to deposit the amounts by 15-10-1997. They failed to comply with the provisions of Section 35F of the Central Excise Act, 1944 which are mandatory. According to the Commissioner (Appeals), the appeals could not be maintained, entertained and heard on … for hearing in the normal course. He sub-mitted that in the instant case also the appeals are pending. Sections 169 and 170 are as under : '169. Appeal against the levy of assessment of any tax under

Promising Exports Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11, 11D, 35B, 35B(1), 35C, 35C(2A), 35E, 35D, 35F, 35G and 35L; ;Customs Act, 1962 - Sections 124, 129, 129(1), 129A, 129B, 129B(2A), 129E, 130 and 142; ;Finance Act, 1980; ;Central Boards of Revenue Act, 1963; ;Central Excise Rules, 1944 - Rule 57CC; ;Cenvat Credit Rules, 2001 - Rule 6; ;Cenvat Credit Rules, 2002; ;Cenvat Credit Rules, 2004; ;Customs, Excise and Service Tax Appellate Tribunal (Procedure) Rules, 1982 - Rule 28A, 28A(1) to (5) and 28A(6); ;Central Excise Rules, 1944 - Rules 5, 18, 19, 20, 28A, 41 and 173Q; ;Constitution of India - Article 14

Reported in : 2009(168)LC253(Calcutta),2009(243)ELT3(Cal)

dismissing the appeals for non-compliance of the orders passed by it directing predeposit under Section 35F of the Central Excise Act, 1944 ('Central Excise Act' for short) or under 129E of the Customs Act, 1962 (in short the 'Customs Act').2. … Elaborate arguments were advanced.5. It is to be noted that I would be proceeding on the basis of Sections 35C(2A) and 35F under the Central Excise Act inasmuch as four of the petitions are under the Central

Titawi Sugar Complex Vs. Commr. of Cus. and C. Ex.

Court : Allahabad

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35F

Reported in : 2002(82)ECC542; 2003(159)ELT101(All)

appeal before the Commissioner of Central Excise (Appeals), Ghaziabad along with an application under Section 35F of the Central Excise Act, 1944 (in short 'the Act') for dispensing with the condition of pre-deposit of the duty as well as penalty … order, the petitioner filed appeal before the Commissioner of Central Excise (Appeals), Ghaziabad along with an application under Section 35F of the Central Excise Act, 1944 (in short 'the Act') for dispensing with the condition of pre-deposit

M/S.Rastriya Chemicals and Fertilisers Ltd. Vs. Union of India and ors ...

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Section 35F; Companies' Act, 1956 - Section 617; Constitution of India - Article 226

Tax Appellate Tribunal on an application for waiver of the condition of pre-deposit under Section 35F of the Central Excise Act, 1944. Though six questions of law have been raised, Counsel appearing on behalf of the Appellant has confined the … Customs, Excise and Service Tax Appellate Tribunal on an application for waiver of the condition of pre-deposit under Section 35F of the Central Excise Act, 1944. Though six questions of law have been raised, Counsel appearing on

indoworth India Ltd. a Company Incorporated Under Indian Companies Act ...

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Section 35F, 35G and 35G(1)

Reported in : 2010(112)BomLR2074,2010(175)LC260(Bombay),2010(253)ELT364(Bom)

of parties.3. The petitioner has challenged the order passed by the Appellate Tribunal under Section 35F of the Central Excise Act, 1944 directing the petitioner to deposit about half of the amount of the duty i.e. to deposit an amount … two weeks from today. Excise - Writ - Alternate remedy - High Court - Order for deposit - Sections 35F, 35G of the Central Excise Act, 1944 - Order passed by the Appellate Tribunal under Section 35F of

Mahindra and Mahindra Ltd. Vs. Union of India

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35F

Reported in : 1990(50)ELT338(Bom)

because of the failure to comply with the provisions of Section 35F of the Central Excises and Salt Act, 1944 the appeal was dismissed by the Collector of Central Excise (Appeals).2. The Assistant Collector of Central Excise passed … that consequently because of the failure to comply with the provisions of Section 35F of the Central Excises and Salt Act, 1944 the appeal was … waives service on behalf of the respondents.Heard counsel.1. The grievance of the petitioners is that the Collector of Central Excise (Appeals), Bombay has disposed of the applications for stay of the order passed by the Assistant Collector of … to the petitioner and holding that he was not satisfied that pre-deposit required under Section 35F of the Excise Act would cause undue hardship to the petitioner as to warrant a waiver of the same. As a consequence

U.K. Paints Industries and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35F; Central Provinces and Berar Sales Tax Act, 1947 - Sections 22(1)

Reported in : 2002(82)ECC38; 2002(144)ELT255(Del)

and not depositing of duty levied upon the petitioners under Section 35F of the Central Excise and Sat Act, 1944. While issuing rule D.B. on 2nd August, 1985 this court noted the question of law relating to jurisdiction, … New Delhi and not depositing of duty levied upon the petitioners under Section 35F of the Central Excise and Sat Act, 1944. While issuing rule … respondent No. 2 refusing the stay of implementation of order dated 3rd July, 1984 of the Collector of Central Excise, New Delhi and not depositing of duty levied upon the petitioners under Section 35F of the Central Excise