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Central Excise - Highlights / Catch Notes

Home Highlights December 2014 Year 2014 This

Waiver of pre deposit - it may not be appropriate to grant stay ...

Central Excise

December 12, 2014

Waiver of pre deposit - it may not be appropriate to grant stay on the ground that the matter is before BIFR. - AT

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  1. Extension of stay granted - Waiver of pre deposit and stay of recovery are two different aspects - order of waiver is not subject to the provisions of Section 35C(2A) - AT

  2. Waiver of pre-deposit condition or grant right to appeal subject to a part-deposit or security - The Karnataka High Court allowed the petition filed by an infrastructure...

  3. Requirement of pre-deposit - The appellant has not made the pre-deposit and has filed an application seeking waiver because of financial constraints and for the reason...

  4. Interest on the pre-deposit - The Tribunal found that the issue revolved around whether the appellants were entitled to interest on the pre-deposit u/s 35FF of the...

  5. Application for waiver of pre-deposit amount under Section 129E of the Customs Act, 1962 - The appellant has not made the pre-deposit. In view of the aforesaid...

  6. Maintainability of appeal - requirement of mandatory pre-deposit - after 6.8.2014 neither the Tribunal nor the Commissioner (Appeals) have the power to waive the...

  7. Power to waiver of mandatory pre-deposit - Section 129E does not empower the Tribunal or the Commissioner (Appeals) to waive the pre-deposit or to reduce the pre-deposit.

  8. Stay of pre-deposit - Constitutional vires of Section 129E of the Customs Act, 1962 - given the financial position and the wherewithal of the Petitioners, an opportunity...

  9. Waiver of pre-deposit - Scope of term 'undue hardship' - - AT

  10. Waiver of pre-deposit - Tribunal in the case of appellant ordered to deposit entire amount of service tax with interest except penalty - in a similar case stay was...

  11. Refund claim of pre-deposit while appeal is pending - adjustment of amount was paid in lieu of pre deposit for filing the appeal before this Tribunal - Since the demand...

  12. Waiver of pre deposit - Jurisdiction - Notification No. 44/2011-Customs (NT) dated 06/07/2011 is only prospective and cannot be said to have any retrospective...

  13. Waiver of pre-deposit - Passive Telecom Infra Services - Services is more appropriately classifiable under Business Support Service where the present demand is in the...

  14. Waiver of pre-deposit - levy of service tax on sub-contractor - main contractor themselves admitted that they have already paid the service tax - stay order modified -...

  15. Waiver of pre deposit - Construction Service - The Police Housing Corporation appeared to have worked as an extended arm of the Government. - stay granted - AT

 

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