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GST - Highlights / Catch Notes

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The order dismissing the appeal due to non-payment of the ...


Central Excise non-payment appeal revived after quashing dismissal order on deposit undertaking.

August 28, 2024

Case Laws     GST     HC

The order dismissing the appeal due to non-payment of the mandatory pre-deposit amount u/s 35F of the Central Excise Act, 1944 was challenged. The court relied on a previous judgment where it was held that there was no intent to avoid payment of the pre-deposit, and the Revenue Board had provided a facility for making such pre-deposits. Consequently, the court quashed the appellate order and revived the appeal, subject to the petitioner depositing the pre-deposit amount within two weeks, as per their undertaking.

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