SIGN IN SUBSCRIBE

News Update

PM-STIAC discusses accelerating Industry-Academia Partnership for Research and InnovationIndia, Singapore hold dialogue over cyber policy44 bids received under 10th Round of Commercial Coal Mine AuctionsCops arrest former Dy PM of Nepal in cooperative fraud casePuri highlights India's Petrochemical potential at India Chem 2024UN reports record high cocaine production in ColombiaMinister unveils 'Aviation Park' showcasing India's Aviation HeritageED finds PFI wanted to start Islamic movement in IndiaBlocking Credit - Rule 86ASEBI says investors can use 3-in-1 accounts to apply online for securitiesI-T- Penalty u/s 271(1)(b) need not be imposed when assessee moved an adjournment application & later complied with notice u/s 142(1): ITAT4 Kanwariyas killed as vehicle runs over them in Banka, BiharI-T- Accounting principles do not prescribe maintaining of a day-to-day stock register, and the books of accounts cannot be rejected on this basis alone: ITATUN food looted and diverted to army in EthiopiaCus - Alleged breach of conditions for operating public bonded warehouse; CESTAT rightly rejected allegations, having found no evidence of any such breach: HCUS budget deficit surges beyond USD 1.8 trillionST - Onus for proving admissibility of Cenvat Credit rests with service provider under Rule 9(6) of the Cenvat Credit Rules, 2004: CESTATIf China goes into Taiwan, Trump promises to impose additional tariffsRussians love Indian films; Putin lauds BollywoodCus - Classification of goods is to be determined in accordance with Customs Tariff Act & General Interpretative Rules; Country-of-Origin Certificate may offer some guidance, but cannot solely dictate classification: CESTATCus - Benefit of such Country-of-Origin certificates cannot be denied if all relevant conditions are met under the applicable Customs Tariff rules: CESTATCuban power grid collapses; Country plunges into darknessCus - As per trite law, merely claiming a classification or exemption does not constitute mis-declaration or suppression - any misclassification does not equate to willful intent to evade duty: CESTATKarnataka mulling over 2% fee on aggregator platforms to bankroll gig worker welfare fundCus - Extended limitation cannot be invoked in case of assessee who is a regular importer with a consistent classification approach: CESTAT
 
CX - Application for waiver of pre-deposit on the ground that factory is closed and FIs have taken over possession of all movable and immovable assets is dismissed as making of pre-deposit of 7.5% of duty is mandatory: CESTAT

By TIOL News Service

MUMBAI, JAN 10, 2016: AGAINST an order-in-original dated 31.7.2015 passed by the CCE, Goa, the appellant is before the CESTAT.

They have filed a miscellaneous application along with their appeal and seek waiver of pre-deposit of 7.5% of the duty demanded in the said order.

It is prayed that the order was passed by the adjudicating authority without application of mind and without appreciating the merits of the case. It is further informed that the factory is lying closed since June, 2011 and financial institutions have taken over possession of all movable and immovable assets in February, 12 under SARFAESI Act, 2002.

The Bench in a terse order expressed its inability to grant any waiver by observing thus -

"3. In terms of Section 35F, any appeal filed before the Tribunal must be accompanied by pre-deposit of 7.5% of the duty or penalty as the case may be. This being mandatory requirement under Central Excise Law, there is no provision for waiver of pre-deposit."

In fine, the Miscellaneous Application was dismissed and the appeal was held as non-maintainable.

(See 2016-TIOL-94-CESTAT-MUM)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri Samrat Choudhary, Hon’ble Deputy CM & FM of State of Bihar, delivering inaugural speech at TIOL Tax Congress 2024.

TOP NEWS


AR not Afar by SK Rahman

VISION 360



Justice A K Patnaik, Mentor to Hon'ble Jury for TIOL Awards 2024, addressing the gathering at the event.

TII LATEST

TIOLCORPLAWS LATEST