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    <title>2004 (10) TMI 370 - CESTAT, CHENNAI</title>
    <link>https://www.taxtmi.com/caselaws?id=114430</link>
    <description>Pre-deposit under section 35F of the Central Excise Act was held not to extend to amounts demanded under Rule 57CC, because that levy was treated as an amount equal to 8% of exempted clearances rather than duty. On the same reasoning, the Tribunal view was applied that section 35F covers duty and penalty, not such other amounts, so the pre-deposit requirement was also held inapplicable to the penalty imposed under Rule 173Q. The Rule 57CC amount and penalty were therefore waived from pre-deposit, and recovery of the penalty was stayed pending appeal.</description>
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    <pubDate>Fri, 01 Oct 2004 00:00:00 +0530</pubDate>
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      <title>2004 (10) TMI 370 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=114430</link>
      <description>Pre-deposit under section 35F of the Central Excise Act was held not to extend to amounts demanded under Rule 57CC, because that levy was treated as an amount equal to 8% of exempted clearances rather than duty. On the same reasoning, the Tribunal view was applied that section 35F covers duty and penalty, not such other amounts, so the pre-deposit requirement was also held inapplicable to the penalty imposed under Rule 173Q. The Rule 57CC amount and penalty were therefore waived from pre-deposit, and recovery of the penalty was stayed pending appeal.</description>
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      <pubDate>Fri, 01 Oct 2004 00:00:00 +0530</pubDate>
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