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Maa Engineering Versus Registrar, Cestat, Kolkata

2015 (8) TMI 1317 - ORISSA HIGH COURT

Pre-deposit - challenge to the order directing the petitioner to deposit 25% of Service Tax - petitioner facing financial hardship - Held that:- although the provision of Section 35F of Central Excise Act, 1944 is not retrospective in operation, yet .....

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y, the stay order shall remain in force till disposal of appeal by the CESTAT. - Petition disposed of - W.P. (C) No. 16126 of 2014 - Dated:- 31-8-2015 - I. Mahanty and R. Dash, JJ. ORDER Heard Mr. Chimanka, learned counsel for the petitioner and Mrs. .....

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nal Bench, Kolkata in Stay Application No. ST/Stay/181/2012 arising out of Appeal No. ST/108/2012-DB directing the petitioner to deposit 25% of Service Tax of ₹ 3.50 crores. 3. Mr. Chimanka, learned counsel for the petitioner submits that .....

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to be introduced by the Parliament which is quoted below : SECTION 35F. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal. - The Tribunal or the Commissioner (Appeals) as the case may be, shall not entertain .....

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ision or an order passed by an officer of Central Excise lower in rank than the Principal Commissioner of Central Excise or Commissioner of Central Excise; (ii) against the decision or order referred to in clause (a) of sub-sec. (1) of Section 35B, u .....

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ision or order referred to in clause (b) of sub-section (1) of Section 35B, unless the appellant has deposited ten 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 pursuanc .....

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