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2009 (9) TMI 92 - HC - Central ExciseMaintainability of writ petition before single judge Bench of HC against stay order of tribunal Held that petition is maintainable even before Single Judge revenues submission that petition is entertainable only by Division Bench is not acceptable assessee claimed exemption for supply to water projects, etc. - Tribunal granted waiver of only penalty but not the duty demanded case is not covered by any judgment to conclude that pre-deposit waiver warranted question as to whether aseessee entitled to exemption to be decided by tribunal after considering arguments tribunal not shown to have passed perverse/untenable order - Held that making any observation on these issues in the present writ petition arising out of an order refusing complete waiver would amount to preempting the discussion and decision which may be appropriately required to be taken by the appellate Tribunal. so the petition is dismissed further, it is held that expression used in section 35G is wide enough to include order of waiver of pre-deposit so appeal is maintainable against pre-deposit order
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