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2015 (4) TMI 604 - CALCUTTA HIGH COURT

2015 (4) TMI 604 - CALCUTTA HIGH COURT - TMI - Condonation of delay - Held that:- Provision for pre-deposit under section 35F of the Central Excise Act came into force with effect from 6th August, 2014 whereas the original order sought to be challenged in this appeal is dated 22nd March, 2011 - we are inclined to allow the prayer for condonation of delay subject to deposit as per section 35F of the Central Excise Act within two weeks. In default of such deposit, the appeal shall stand dismissed. .....

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1. I confirm and order for recovery of the duty of ₹ 3,33,688/- (Rupees three lakh thirty three thousand six hundred and eighty eight only)(Rs.1,83,243/- + ₹ 1,50,445/-) under rule 9(2), 96ZO of the Central Excise Rules 1944 read with Section 11A of the Central Excise Act 1944. 2. Interest is payable at the rate of 18% per annum on the outstanding amount for the period from the due date till the date of actual payment of the whole of the outstanding amount in terms of rule 96ZO(3) o .....

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lay. Therefore, appeal was not considered on merits. The order passed by the Commissioner of Central Excise on 2nd January, 2013 was appealed against before the learned Tribunal which was dismissed by the impugned order dated 10th June, 2014. It is the aforesaid order dated 10th June, 2014 which is under challenge. Copy was duly served. No one has appeared. In the circumstances, we by our order dated 30th March, 2015 directed Mr.Bharadwaj, learned advocate to take instruction. We also directed t .....

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