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    <title>1998 (7) TMI 100 - HIGH COURT AT CALCUTTA</title>
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    <description>In the facts stated, pre-deposit under Section 35F of the Central Excise Act, 1944 could not be insisted upon without considering pleaded financial hardship where the assessee was a wholly owned Central Government company declared sick and proceedings were pending before the BIFR. The appellate authority&#039;s refusal to grant full waiver was treated as an erroneous exercise of discretion. Full waiver of the pre-deposit was directed, and the appeal was to be heard on merits without insisting on deposit.</description>
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      <title>1998 (7) TMI 100 - HIGH COURT AT CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=45004</link>
      <description>In the facts stated, pre-deposit under Section 35F of the Central Excise Act, 1944 could not be insisted upon without considering pleaded financial hardship where the assessee was a wholly owned Central Government company declared sick and proceedings were pending before the BIFR. The appellate authority&#039;s refusal to grant full waiver was treated as an erroneous exercise of discretion. Full waiver of the pre-deposit was directed, and the appeal was to be heard on merits without insisting on deposit.</description>
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      <pubDate>Tue, 14 Jul 1998 00:00:00 +0530</pubDate>
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