JAISWAL INDUSTRIES Vs. THE COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Heard Sri A.P. Mathur, learned counsel for the appellant and Sri Ashok Singh, learned counsel for the department.

(2.) This excise appeal under Section 35G of the Central Excise Act, 1944 is directed against the order of the Customs, Excise & Service Tax Appellate Tribunal, dated 19th January, 2015, whereby the Tribunal has required the assessee to deposit a sum of Rs. 25.00 Lakhs as pre-deposit under the provisions of Section 35F within a period of eight weeks so as to make the appeal competent. The assessee was required to report compliance by 30th March, 2014 which was subsequently extended till 30th March, 2015. It is explained that in the certified copy of the order of Tribunal the date 30th March, 2015 is wrongly mentioned as 30th March, 2014.

(3.) It is the case of the petitioner that Section 35F was amended vide Act No. 2 of 2015 whereby deposit of 7.5% of the disputed amount before the Tribunal has been provided as the pre-deposit for making the appeal competent.