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TMI Blog2004 (3) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise and Gold (Control) Appellate Tribunal (CEGAT) dated 2-2-1998, by which the petitioner-companies were imposed a penalty of Rs. 1,50,000/- and Rs. 1,00,000/- respectively. The said writ petition was presented before the Registry on 28-12-1998. However, it was admitted only on 15-2-1999. In the meanwhile, the petitioner made a declaration to avail the benefit of Kar Vivad Samadhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... give the benefit of Kar Vivad Samadhan Scheme, finding that the petitioner is not entitled for the benefit of Section 95(ii)(c) of the Finance (No. 2) Act, 1998, on the ground that the scheme was in force only till 31-12-1998 and the writ petition preferred by the petitioner was admitted only on 15-2-1999. 3. Aggrieved by the same, the petitioner seeks to issue Writ of Certiorarified Mandamus ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration to the submissions of the learned Counsel on both sides. 7. It is true that the word 'pending' would mean 'undecided issues' and a legal proceeding is deemed to be pending as soon as it is commenced and until it is concluded. But, nevertheless the commencement of the legal proceedings would not mean the mere presenting of papers to the Registry. I find from the original records that ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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