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    <title>2010 (10) TMI 361 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=204172</link>
    <description>The HC held that insistence on pre-deposit under Section 35F was unwarranted where the appeal raised a substantial question on whether zinc dross was an excisable and marketable commodity. In light of binding Supreme Court authority on marketability and excisability, the Tribunal was required to examine the dispute on merits rather than condition the appeal on deposit. The pre-deposit direction was therefore set aside, and the appeal was directed to be heard on merits without insisting on pre-deposit.</description>
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    <pubDate>Tue, 12 Oct 2010 00:00:00 +0530</pubDate>
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      <title>2010 (10) TMI 361 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=204172</link>
      <description>The HC held that insistence on pre-deposit under Section 35F was unwarranted where the appeal raised a substantial question on whether zinc dross was an excisable and marketable commodity. In light of binding Supreme Court authority on marketability and excisability, the Tribunal was required to examine the dispute on merits rather than condition the appeal on deposit. The pre-deposit direction was therefore set aside, and the appeal was directed to be heard on merits without insisting on pre-deposit.</description>
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      <pubDate>Tue, 12 Oct 2010 00:00:00 +0530</pubDate>
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