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MAHESH CHOWDHARY Versus COMMISSIONER OF CENTRAL EXCISE AND SURAT I COMMISSIONERATE AND 2

2016 (4) TMI 60 - GUJARAT HIGH COURT

Non fulfillment of pre-deposit - Held that:- We would not permit the petitioner to bye-pass the statutory appellate remedy, particularly when factual and legal aspects arise out of the order-in-original. We relegate the petitioner to statutory appell .....

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ntrary order is passed by the High Court, such appeal shall not be treated as regularly filed nor shall be heard on merits. - SPECIAL CIVIL APPLICATION NO. 1798 of 2016 - Dated:- 4-2-2016 - MR. AKIL KURESHI AND MR. MOHINDER PAL, JJ. FOR THE PETITIONE .....

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y which admittedly is available and lies before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). Counsel for the petitioner submitted that in view of the amended Section 35F of the Central Excise Act, the petitioner would be compelled .....

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ile. On account of the delay on the part of the Department, the petitioner could not prefer appeal at the relevant time and avail the benefit of complete predeposit in terms of unamended Section 35F of the Central Excise Act. In case of other similar .....

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particularly when factual and legal aspects arise out of the order-in-original. When the statute has provided a remedy by way of appeal to be heard by the specialized Tribunal, even otherwise it would be inappropriate on our part to entertain the pe .....

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