2014 (10) TMI 898 - HC - Central Excise

Waiver of pre-deposit - order made prior to the amendment made u/s. 35F which came into force w.e.f. 6-8-2014 - Held that - since vires of enactment is under challenge, let copy of petition along with documents annexed thereto be separately served in the office of Additional Solicitor General who is representing Union of India. In the meanwhile, the appeal preferred by the petitioner shall not be dismissed provided the petitioner comply with the condition of pre-deposit in terms of amending Section 35F introduced w.e.f. 6-8-2014 within a period of two weeks. - Appeal to be listed on another date

Summary

The High Court of Rajasthan directed the petitioner to comply with the condition of pre-deposit in terms of the amended Section 35F introduced on 6-8-2014 within two weeks. The appeal will not be dismissed if this condition is met. The vires of the enactment is under challenge, and a copy of the petition will be served to the Additional Solicitor General representing the Union of India. The case is listed for further hearing on 17-11-2014.