9911796707
TMI Blog2000 (3) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : S.S. Kang, Member (J)]. The Revenue filed this Reference application against the Misc. Order No. M/2/99-NB, dated 7-1-1999 [1999 (112) E.L.T. 1042 (Tribunal)] with the prayer that following question of law be referred to the Hon ble High Court : Whether the pre-deposit amount of Rs. 6.5 lacs debited in RG 23C Part-II can be considered as compliance of Tribunal s Stay Order unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present Reference application is filed against the Misc. Order dated 7-1-1999 which is not an order passed under Section 35C of the Central EXcise Act. The appeal is still pending for decision before the Tribunal. 5. Section 35G provides as under : Section 35G. Statement of case to High Court. - (l) The Commissioner of Central Excise or the other party may, within sixty days of the date upo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt was prevented by sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented within a further period not exceeding thirty days. 6. Admittedly, the order in which the Revenue raised a question of law for referring to the Hon ble High Court is not passed under Section 35C of the Central Excise Act, therefore, the present application is re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
