2015 (5) TMI 837

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.... or direction for quashing and setting aside the impugned order dated 10.11.2014 passed by the Cestat Ahmedabad and modifying the same and directing the Tribunal to hear the case of the petitioner without any predeposit. (B) Pending petition Your Lordships be pleased to stay the implementation of the impugned order dated 10.11.2014 (C) Ex-parte ad-interim relief in terms of prayer B above may kindly be granted pending the admission and final disposal of the present petition." 2. By order dated 10.11.2014 passed by the Tribunal, West Zonal, Ahmedabad, rejected the appeal and stay application on the ground that after 8.9.2014 amendment has taken in Section 35F of the Central Excise Act, 1944 and as per the amended Section, the appell....

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.... (i) under sub-section (1) of Section 35, unless the appellant has deposited seven and a half per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an officer of Central Excise lower in rank than the (Principal Commissioner of Central Excise or Commissioner of Central Excise); (ii) against the decision or order referred to in clause (a) of sub-section (1) of Section 35B, unless the appellant has deposited seven and a half per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against; (iii) against the dec....