Appeal to High Court - Forms EA 6/7 Prescribed
Notification No. 57/99-CE(NT)
Dated 17th November, 1999
In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) the Central Government hereby makes the following rules further to amend the Central Excise Rules. 1944.. namely:-
1. (1) These rules may be called the Central Excise (Nineteenth Amendment) Rules, 1999.
(2) They shall come in to force on the date of their publication in the Official Gazette.,
2. In the Central Excise Rules, 1944 (herein after referred to as the rules), for rule 218, the following rule shall be substituted, namely-
""218. Form of application to the High Court.-
(1) An application under sub- section (1) of section 35H requiring the High Court to direct the Appellate Tribunal to refer to the High Court any question of law shall be made in Form No.E.A.-6 and such application shall be filed in quadruplicate.
(2) A memorandum of cross-objections under sub-section (3) of section 35H to the High Court shall be made in Form No.E.A.-7 and such memorandum shall be filed in quadruplicate.
(3) Where an application under sub-section (1) of section 35H or a memorandum of cross-objections under sub-section (3) of that section is made by any person other than the Commissioner of Central Excise, the application, the memorandum or form of verification, as the case may be, contained in Form No.E.A.-6 or Form No.E.A.-7 shall be signed by the person specified in sub-rule (2) of rule 213.""
3. In appendix I to the said rules,-
(i) in ""(I) List of Central Excise Forms,"" after Series No.92 and the entries relating thereto, the following Series Nos and entries shall be substituted, namely:-
|
Central Excise Series No. |
Description of Form |
Rule No. |
Short Title |
|
""93 |
Form of an application to the High Court under section 35H(1) of the Act. |
218(1) |
E.A.-6 |
|
94 |
Form of memorandum of cross -objections under section 35H(3) of the Act in the matter of an application before the High Court under section 35H(I) of the Act. |
218(2) |
E.A.-7;"" |
(ii) in ""(II) Specimen, Forms for Form No.E.A.-6 and Form No.E.A.-7 the following Forms shall respectively be substituted, namely:-
FORM NO.E.A.-6
[See rule 218(1)]
Form of Application to the High Court under section 35H(1) of the Central Excise Act, 1944
In the High Court of Judicature at
In the matter of Appeal No. (Name of the appellant)
Application No. ______________________ of ________________________19_____________
(To be filled in by the office)
___________________________________________________________________________Applicant
Vs
___________________________________________________________________________Respondent
(1) State or Union Territory and the Commissionerate from which the application is filed:
(2) Number of the appeal which gives rise to the reference:
(3) Address to which notices may be sent to the applicant:
(4) Address to which notices may be sent to the respondent:
(5) The appeal noted above was decided by the________________________ Bench of the Appellate Tribunal on:
(6) The notice of the order under Section 35C of the Central Excise Act, 1944 was served on the applicant on:
(7) The facts which are admitted and/or found by the Appellate Tribunal and which are necessary for drawing up a statement of the case, are stated in the enclosure for ready reference:
(8) The following questions of law arise out of the order of the Appellate Tribunal:
1.
2.
3. etc.
(9) the applicant, therefore, requires under sub-section (1) of Section 35H of the Central Act, 1944 that the High Court directs the Appellate Tribunal to refer to the High Court the question law referred to in paragraph 8 above:
(10) The documents, or copies thereof are specified below (the translation in English of the documents, where necessary) are annexed with the statement of the case.
Signature of the authorised
representative, if any.
|
Signature of the applicant |
Verification
I, _______________________________the applicant, do hereby declare that what is stated above is true to the best of my information and belief.
Verified today, the ___________________ day of___________________19___________.
Signature of the authorised
representative, if any.
|
Signature of the applicant |
Notes :
(1) The application and the form of verification shall, if the application is made by any person, other than the Commissioner of Customs, be signed by the applicant in accordance with the provisions of Rule 213 of the Central Excise Rules, 1944.
(2) The application shall be filled in quadruplicate.
(3) The fee Rs.200/- required to be paid under the provisions of the Act shall be through a croseed bank draft drawn in favour of the Registrar of the High Court on a branch of any nationalised bank located at the place where the High Court is situated and the demand draft shall be attached to the form of application.
FORM NO. E.A.-7
[See rule 218(2)]
Form of Memorandum of Cross-Objections under section 3SH(3) of the Central Excise Act, 1944 In the matter of an application before the High Court under section 3511(1) of the said Act
In the High court of Judicature at
Memorandum of Cross Objections No._______________________of_________________19__________.
(To be filled in by the office)
In Application No.____________________of ______________________19 ________________.
__________________________________________________________________________Applicant
Vs.
___________________________________________________________________________Respondent.
(1) State/Union territory and the Commissionerate from which the memorandum of cross-objection is filed:
(2) Date of receipt of notice of application filed with the High Court by the respondent:
(3) Address to which notices may be sent to the respondent:
(4) Address to which notices may be sent to the applicant:
(5) The facts which are admitted and / or found by the Appellate Tribunal and which are necessary for drawing up a statement of the case, are stated in the enclosure for ready reference:
(6) The following questions of law arise out of the order of the Appellate Tribunal:
1.
2.
3. etc.
(7) the respondent, therefore, requires under sub-section (1) of Section 35H of the Central Excise Act, 1944 that the Tribunal may be directed to furnish a statement of the case on the questions of law referred to in paragraph 6 above.
(8) That the documents or copies thereof as specified below (the translation in English of the documents where necessary) is annexed with the statement of the case.
Signature of the authorised
representative, if any.
|
Signature of the applicant |
Verification
I, ___________________________the respondent, do hereby declare that what is stated above is true to the best of my information and belief.
Verified today, the___________________day of_________________19_________________.
Signature of the authorised
representative, if any.
|
Signature of the applicant |
Notes:
(1) The form of memorandum of cross-objection and the form of verification shall, if the memorandum is filed by any person, other than the Commissioner of Central Excise, be signed in accordance with the provisions of Rule 213 of the Central Excise Rules, 1944.
(2) The memorandum of cross-objection shall be filed in quadruplicate.
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