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TMI Blog2015 (4) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... APPEAL NO.6/2015, NO.7/2015 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... he plots to various persons, was untenable. With these findings, according to the Tribunal, the appellants could not make out any strong prima facie case in their favour, and directed pre-deposit of 50%. Learned counsel appearing for the appellant submits that an amendment has been made to Section 35F with effect from 06.08.2014, which stipulates payment of 7.5% and 10% of duty for the first and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant has deposited seven and a half per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against; (iii) against the decision or order referred to in clause (b) of sub-section (1) of Section 35B, unless the appellant has deposited ten percent of the duty, in case where d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor Vs. Union of India & Ors.(D.B. Civil Misc. Writ Petition No.12232/2014), a Division Bench of this Court, considering the effect of new substituted provisions of Section 35F with effect from 06.08.2014, recorded an opinion that the effect of the amendment cannot be restricted only for those appeals which are filed after 06.08.2014. Such a restriction will be violative of Article 14 of the Const ..... X X X X Extracts X X X X X X X X Extracts X X X X
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