2015 (7) TMI 265 - HC - Central Excise

Waiver of pre deposit - 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 learned 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 with effect from 06.08.2014 within a period of two weeks. - Decided conditionally in favour of assessee.

Summary

The High Court of Rajasthan ordered that the appeal shall not be dismissed if the petitioner complies with the pre-deposit condition within two weeks. The vires of the enactment is under challenge, and a copy of the petition will be served to the Union of India's representative. Writ Petition No.10740/2014 is listed for further action.