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    <title>2006 (8) TMI 596 - Calcutta High Court</title>
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    <description>A writ petition challenging a Tribunal&#039;s pre-deposit order was held maintainable where the statutory appeal remedy was uncertain and the order was alleged to be without jurisdiction, perverse, and contrary to natural justice. The Tribunal&#039;s partial pre-deposit direction under Section 35F of the Central Excise Act was set aside because it gave no reasons and did not consider the prima facie merits of the appeal or undue hardship. The matter was remitted for fresh consideration of waiver of pre-deposit in accordance with law after examining the relevant factors, including the appellant&#039;s financial capacity.</description>
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    <pubDate>Thu, 03 Aug 2006 00:00:00 +0530</pubDate>
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      <title>2006 (8) TMI 596 - Calcutta High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173495</link>
      <description>A writ petition challenging a Tribunal&#039;s pre-deposit order was held maintainable where the statutory appeal remedy was uncertain and the order was alleged to be without jurisdiction, perverse, and contrary to natural justice. The Tribunal&#039;s partial pre-deposit direction under Section 35F of the Central Excise Act was set aside because it gave no reasons and did not consider the prima facie merits of the appeal or undue hardship. The matter was remitted for fresh consideration of waiver of pre-deposit in accordance with law after examining the relevant factors, including the appellant&#039;s financial capacity.</description>
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      <pubDate>Thu, 03 Aug 2006 00:00:00 +0530</pubDate>
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