2016 (12) TMI 791

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....egory mention matters by the Registry as the appellant has not complied with the amended provision of Section 35F of the Central Excise Act,1944, by depositing the requisite amount of 10% of the duty/ penalty or duty and penalty, as the case may be at the time of filing the said Appeals. It is argued at the Bar that since the Appellant had deposited 7.5% at first appellate stage, before the Ld. Commissioner (Appeals), hence, the appellant is required to deposit the balance 2.5% and not the entire 10% mentioned in clause (iii) of Sec.35F of the said Act. The Ld. A.R for the Revenue vehemently argued that such an interpretation cannot be read into the said provision without inserting words not present therein. Before considering the rival sub....

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....ons of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the Finance (No. 2) Act, 2014." 3. On plain reading of the aforesaid provisions, I find that the wordings employed therein are as clear as daylight. In clause (iii) it is unambiguously prescribed that any person aggrieved by a decision or order referred to Clause (b) of sub- Section (1) of Sec. 35B of Central Excise Act, unless deposits 10% of the duty/penalty or duty and penalty, as the case may be, the appeal shall not be entertained. I do not find any reason to read the said provision in any other manner, so as to come to the conclusion that the Appellant is required to deposit 2.5% and not 10% as ....