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Suvidha Signs Studios Pvt. Ltd. Versus Union of India & Another

2016 (5) TMI 85 - DELHI HIGH COURT

Waiver of pre-deposit - Constitutional Validity of Section 35F of the CE Act - Mandatory provision to deposit 7.5% of the demand of duty and penalty for entertainment of appeal - No pre-deposit had been made till that date - Held that:- this Court is .....

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order. This Court is unable to accede the request of the petitioner that it is great financial difficulty and only needs some more time to pay the pre-deposit amount. Also it is not possible for the Court, in exercise of its jurisdiction under Articl .....

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tioner : Mr Abdhesh Chaudhary, Advocate For the Respondents : Mr Vivekanand Mishra, Senior Standing counsel Mr Satish Kumar, Senior Standing counsel ORDER CM No. 14433/2016 1. Allowed, subject to all just exceptions. W.P.(C) 3380/2016 & CM APPL. .....

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ed order is appealable and in fact the Petitioner filed an appeal before the Custom Excise & Service Tax Appellate Tribunal (CESTAT) which has been dismissed by the CESTAT by an order dated 27th November 2015, which also has been challenged in th .....

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h November 2015 noticed that no pre-deposit as against the compulsory deposit of 7.5 % of the penalty of ₹ 42 lakhs had been made till that date. Accordingly the Petitioner's appeal was dismissed. 4. The Petitioner also challenges the valid .....

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n its order dated 20th October 2015 in Customs Appeal No. 19/2015 (Anjani Technoplast Ltd. v. The Commissioner of Customs). In the said order this Court concurred with the decision of the High Court of Allahabad in Ganesh Yadav v. Union of India 2015 .....

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