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1988 (2) TMI 372

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.... : S.D. Jha, Vice President]. - By this application purporting to be under Section 35G(1) of Central Excises & Salt Act, 1944 hereinafter (Act) the appellant-applicant prays that the statement of the case be drawn up and the following questions of law be referred to the High Court having jurisdiction in the matter. 1. Whether after the issue of Exemption notification under Section 11C of the Ce....

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....ly relate to determination of a question having relation to a rate of duty of excise, the Order No. 664/87-C dated 8-9-1987 in respect of which the present application was made did not relate to determination of any such question. He submitted that the present application would be maintainable in respect of the order inspite of the exclusion referred to in Section 35G(1) of the Act. 3. Questioned....

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....the applicants to comply with Section 35F of Central Excises & Salt Act, 1944 relating to pre-deposit of duty demanded or comply with the stay order passed by the Tribunal. Assuming, however, that this bar had not operated against the applicant, the Tribunal would necessarily have been required to determine question as to the rate of duty of excise. That the appeal involved determination of questi....