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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 … 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

Shamken Cotsyn Limited Vs. Commissioner (Appeals), C. Ex.

Court : Allahabad

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35F; Constitution of India - Article 226

Reported in : 2002(84)ECC315; 2003LC576(Allahabad); 2003(156)ELT452(All)

of pre-deposit was waived in part. Since Section 129E of Customs Act is identical to Section 35F of Central Excise Act., therefore, High Court directed the Appellate Authority to rehear and dispose of the stay application.12. It was held … held that one of the relevant factors which is required to be considered by the Appellate Authority under Section 35F of the Act is prima facie case on merits and such other relevant factors pertaining to undue

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 … 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

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 … 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

Saraya Distillary Vs. Commissioner of Central Excise (Appeals)

Court : Allahabad

Subject : ExciseConstitution

Acts : Central Excise Act, 1944 - Sections 35F; Central Excise Rules, 1944 - Rule 57A, 57G, 57G(1) and 57G(5)

Reported in : 2001(73)ECC67; 2000LC457(Allahabad); 2001(127)ELT326(All)

before the Commissioner, Central Excise (Appeals) which is pending for disposal. An application, under Section 35F of the Central Excise Act was also moved for stay-cum-waiver. The said application has been rejected by the Commissioner (Appeals) and the petitioner … petitioner filed an appeal before the Commissioner, Central Excise (Appeals) which is pending for disposal. An application, under Section 35F of the Central Excise Act was also moved for stay-cum-waiver. The said application has been rejected by

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 … 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

Ratlam Wires Private Limited Vs. Union of India (Uoi)

Court : Madhya Pradesh

Subject : Excise

Acts : Central Excise (Appeals) Act; Central Excise Act, 1944 - Sections 35F

Reported in : 2000(71)ECC400; 2000(120)ELT71(MP)

commissioner of Central Excise (Appeals) Act is dealing with the matter reflecting around provisions of Section 35F of Central Excise Act, 1944 (hereinafter referred to as Act for convenience) is duty bound to apply judicial mind, giving the reasons … 'Even if the commissioner of Central Excise (Appeals) Act is dealing with the matter reflecting around provisions of Section 35F of Central Excise Act, 1944 (hereinafter referred to as Act for convenience) is duty bound to apply

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 … 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

Kamrup Industrial Gases Limited Vs. Cegat and ors.

Court : Allahabad

Subject : Excise

Acts : Central Excise Act - Sections 35F; Central Excise Tariff Act, 1985

Reported in : 2003(89)ECC370; 2004(172)ELT454(All)

petitioner approached the Tribunal against the order passed by the Commissioner (Appeals) Allahabad. Under Section 35F of the Central Excise Act, the petitioner applied for grant of waiver to deposit the disputed amount of duty as a condition for … construction has the merits of avoiding any inconsistency or repugnancy either within a section or between two different sections or provisions of the same statute. It is the duty of the court to avoid a head on

Dollar Detergents (P) Ltd. Vs. Cegat

Court : Allahabad

Subject : ExciseConstitution

Acts : Central Excise Act, 1944 - Sections 35F; Constitution of India - Article 226

Reported in : 2000(68)ECC565; 2000(116)ELT30(All)

the petitioner's appeal has been dismissed for non-compliance of the conditions of pre-deposit under Section 35F of the Central Excise Act (hereinafter referred to as the Act').2. I have heard Shri A.P. Mathur, learned Counsel for the petitioner and … Tribunal, New Delhi whereby the petitioner's appeal has been dismissed for non-compliance of the conditions of pre-deposit under Section 35F of the Central Excise Act (hereinafter referred to as the Act').2. I have heard Shri A.P. Mathur,