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2012 (11) TMI 962 - HC - Central ExciseMaintainability of Writ petition against the interim order of tribunal - Waiver of pre-deposit of Duty, Interest and Penalty - prima facie case and undue hardship - held that:- Section 35G of the Act, 1944 provides for an appeal against any order passed by the Appellate Tribunal. - Thus, the litigant cannot be permitted to seek redressal of his grievances by invoking the forum of judicial review under the writ jurisdiction on the ground that there may not be any question of law as required under section 35G of the Act. Sub section (5) and (6) of Section 35G deal with the substantial questions of law. In view of the availability of statutory appellate forum, this Court is of the view that the writ petition is not maintainable against the impugned order. - Writ petition dismissed.
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