Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2010 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (10) TMI 750 - CALCUTTA HIGH COURTFailure to comply with the order of Pre-deposit under Section 35 of the 1944 Act - writ petitions were kept pending for hearing and during pendency of all these writ petitions, appeals were dismissed by the Appellate Tribunal for non-compliance of the orders directing pre-deposit - Held that:- wherever pre-deposit is required either the same should be dispensed with fully or partially on application being made. If such dispensation is not allowed then the Tribunal would issue a show cause before taking up the appeal for dismissal on account of failure of pre-deposit. On the date fixed, if cause is shown the Tribunal will consider the same and if sufficient cause is to be found then Tribunal can exercise all discretion and may extend the period or may re-consider the question of dispensation of pre-deposit on subsequent event - Matter remanded back to tribunal.
|