1994 (1) TMI 170

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....regory, SDR, for the Respondents. [Order per : S. Kalyanam, Member (J)]. - This is an application seeking modification of the order of the Tribunal dated 20-8-1993 directing the appellant to pre-deposit the amount specified therein in terms of Section 35F of the Central Excises & Salt Act, 1944, the `Act' for short. 2. Shri Joggayya Sharma, the learned Senior counsel for the petition....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... legal proceedings, contracts, etc. would stand suspended particularly execution of any order against any properties of the industrial company declared sick and in view of the non obstante clause which would have overriding legal effect of all other proceedings of law including the proceedings relating to Section 35 of the Act. The learned counsel also in this context placed reliance on the ruling....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at in view of shortfall in the Revenue collection time may not be extended beyond 28th February, 1994. 4. We have considered the submissions made before us. In our view Section 22 of Central Act 1 of 1986 does not place any statutory embargo in regard to operation of Section 35F of the Central Excises & Salt Act, 1944 in regard to pre-deposit. Section 22 is only to safeguard against any di....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y such plea with refernece to any overriding effect of Section 22 of the Central Act 1 of 1986. The only plea before the West Regional Bench was the unit having become sick the unit would suffer undue hardship if called upon to pre-deposit. We further note that the finding in the said order of the Tribunal in Para 4 does not flow from the wording of Section 22 of Central Act 1 of 1986. We further ....