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2008 (10) TMI 197 - MADRAS HIGH COURTProduction Capacity Based Duty under section 3A of the Central Excise Act, 1944 – Tribunal had directed the petitioner to pre-deposit a sum of Rs. 6,00,000/- against a demand of duty amounting to Rs. 18,13,200/- as duty - The main contention of the e petitioner is that the demand for payment of excise duty has been made without finally assessing the production of the petitioner Company – Department contended that it is the matter is entirely within discretionary power of tribunal – Held and directed the tribunal to Tribunal, to dispose of the appeal, pending on its file, on merits, and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, without insisting on the petitioner making the pre-deposit
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