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    <title>2014 (6) TMI 546 - CESTAT BANGALORE</title>
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    <description>Section 35F of the Central Excise Act requires the applicant to show undue hardship, while the appellate authority may impose deposit conditions to protect Revenue. A strong prima facie case can justify full waiver, particularly where the impugned order is without jurisdiction or contrary to settled law; if the dispute is only arguable, partial pre-deposit may be appropriate. On that approach, most appeals were treated as fit for merits hearing without insisting on further pre-deposit, and several orders were set aside with remand to the Commissioner (Appeals). In one matter involving classification and alleged misdeclaration, the dispute was treated as debatable and a further interest deposit was directed before hearing.</description>
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      <title>2014 (6) TMI 546 - CESTAT BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=248642</link>
      <description>Section 35F of the Central Excise Act requires the applicant to show undue hardship, while the appellate authority may impose deposit conditions to protect Revenue. A strong prima facie case can justify full waiver, particularly where the impugned order is without jurisdiction or contrary to settled law; if the dispute is only arguable, partial pre-deposit may be appropriate. On that approach, most appeals were treated as fit for merits hearing without insisting on further pre-deposit, and several orders were set aside with remand to the Commissioner (Appeals). In one matter involving classification and alleged misdeclaration, the dispute was treated as debatable and a further interest deposit was directed before hearing.</description>
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