Section 35f - Judgment Search Results

itc Limited Vs. Commissioner of Central Excise (A)

Court: Chennai

Reported in: 2001(127)ELT338(Mad)

..... if he so desires when once it is being contended that section 35f should be read into section 35a even though section 35f is silent about affording an opportunity of hearing it follows that ..... while considering application for stay or seeking exemption of pre deposit under section 35f of the act d whether section 35f excludes personal hearing by the commissioner appeals at the time of considering .....

M/S Santani Sales Organisation vs.central Excise, Customs and Service ...

Court: Delhi

..... the cenvat credit rules 2002 or the cenvat credit rules 2004 section 35f requires mandatory deposit of specified percentage of duty demanded or ..... against the distinction between clause ii and clause iii of section 35f is predicated on whether an appeal has been preferred against ..... 21 second contention of the petitioner relating to inapplicability of section 35f of the c e act i e central excise act .....

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court: Karnataka

..... to take note of the significance of 94 second proviso to amended section 35f that proviso categorically states that section 35f would not apply to stay applications and appeals pending before any appellate ..... for the purpose of exercising the substantive right as prescribed in section 35f is a piece of procedural law section 35f which is the centre of controversy 69 in this matter prescribes .....

Siemens India Ltd. Vs. Collector of Centaral Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in: (1987)(14)ECC456

..... is to be excluded from consideration in construing the expression undue hardship occurring in section 35f of the act the liquidity of the applicants or the immediate pecuniary hardship that ..... maintainable cannot be applicable to the exercise of discretion statutorily circumscribed in terms of section 35f for dispensing with the mandatory requirement of deposit as a condition precedent for the .....

K.T. Steel Industries Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1993)(45)LC285Tri(Mum.)bai

..... filing the appeal it is not subject to compliance of section 35f compliance of section 35f is neither a condition precedent nor a requirement for ..... of issue of show cause notice for duty demand section 35f was not there section 35f came into force on 11 10 1982 whereas show ..... that appeal cannot be dismissed for non compliance of section 129e or section 35f of the central excise act hence we do not .....

AmIn Chand Payarelal Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1984)(16)ELT126TriDel

..... amending act before the tribunal if these appeals are under this chapter via then sec 35f must apply because sec 35f expressly says so the appellants cannot deny that these appeals are filed under ..... from the principle of harmonious construction to which reference was made by shri k narasimhan section 35f applies equally to appeals made to the collector appeals and to the appellate tribunal whatever .....

Jayashree Insulators Limited Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1987)(28)ELT279TriDel

..... the former is in terms of the specific provisions of section 35f or section 129e as the case may be the latter is in ..... firstly we observe that the expression undue hardship occurring in section 35f cannot be taken to mean financial hardship alone had that ..... contrast with due hardship or legal hardship this expression in section 35f should therefore embrance hardship caused by a prima facie illegal .....

Jayshree Insulators Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1988)(15)ECC62

..... the former is in terms of the specific provisions of section 35f or section 129e as the case may be the latter is in ..... firstly we observe that the expression undue hardship occurring in section 35f cannot be taken to mean financial hardship alone had that ..... only the financial position should be considered for purposes of section 35f he submitted that the decisions of other benches having concurrent .....

Nirmal Steel Tubes (i) Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1995)LC61Tri(Delhi)

..... be considered by the tribunal in terms of the proviso to section 35f of the act section 35f of the act provides as under section 35f deposit pending appeal of duty demanded or penalty levied where ..... the counsel for the petitioner that the expression undue hardship occurring in the proviso to section 35f of the central excises amp salt act 1944 would include consideration inter alia of the .....

A and K Industries Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1991)LC786Tri(Delhi)

..... 40 000 upon the appellants against that order the appellants filed their present appeal under section 35f the appellants were required to deposit the amount of duty demanded and the penalty levied ..... but instead the appellants moved their application in terms of the proviso to the said section 35f for dispensing with the requirement of such deposit along with their appeal the said application .....