2007 (3) TMI 275

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..... ed 9-8-2001 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, filed as Annexure A6 to the writ petition, whereby the Tribunal has declined to grant interim protection to the petitioner during the pendency of their reference before this Court. We have heard Shri A.P.Mathur, learned Counsel for the petitioner, and Shri Subodh Kumar, learned Counsel appearing for the res .....

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..... ound on which the stay application has been rejected is that Section 35N of the Central Excise Act, 1944 (hereinafter referred to as "the Act") mandates the deposit of entire amount pursuant to the order passed by the Tribunal under sub-section (1) of Section 35C of the Act. 3. We have perused the stay application which was filed by the petitioners before the Tribunal, a copy of which has been fi .....

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..... ntained in Section 265 of the Income-tax Act, 1961, the Tribunal has power to grant the interim order. It has further held that Section 265 of the Income-tax Act, 1961 corresponds to Section 35N of the Act and, therefore, the view of the Tribunal that the bar of Section 35N also comes into play is not correct. Subject to the aforesaid observations, the writ petition is dismissed.  
Case .....

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