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2010 (3) TMI 411 - HC - Central ExciseAppeal to High Court- whether the order directing a party to deposit the amount before the Appellate Tribunal is an order made in appeal and if the answer is in the affirmative, whether an appeal lies under Section 35G of the Central Excise Act, 1944. Held that- there is no hesitation in holding that an order directing the deposit of the amount is an order made in appeal. Section 35F opens with the words “where in any appeal under this Chapter”. The order of deposit is thus an order made in appeal. In fact there is no other proceeding pending before the appellate authority.
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