2003 (5) TMI 465 - AT - Central Excise

Application for staying of recovery of interest - Section 35F of the Central Excise Act, the requirement is to deposit the duty or penalty before the Appeal is heard under the provisions of the Act - application is not maintainable - dismissed

Summary

The Appellate Tribunal CEGAT, New Delhi dismissed an application by M/s. Shree Cement Ltd. for staying the recovery of interest under Section 35F of the Central Excise Act, stating that such application is not maintainable as the requirement is to deposit the duty or penalty before the appeal is heard. The appeal was scheduled for regular hearing on 11-7-2003.