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Case Law Details

Case Name : Amar Enterprises Vs Commissioner Central GST & Central Excise (Jharkhand High Court)
Appeal Number : W.P (T) No. 4717 of 2022
Date of Judgement/Order : 31/01/2023
Related Assessment Year :
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Amar Enterprises Vs Commissioner Central GST & Central Excis (Jharkhand High Court)

Admittedly, petitioner is an unregistered dealer. His appeal has been dismissed on the ground of non-payment of mandatory pre-deposit. It does not appear that there was intent on the part of the petitioner to avoid payment of pre-deposit @7.5% as provided under the amended section 35F of Central Excise Act, 1944. Respondents have also adverted to the facility provided under the RBI Instruction for making such pre-deposit by unregistered dealer / registered non-assessees. In those circumstances, interest of justice would be met if the matter is remanded to the Appellate Authority. Petitioner is required to make pre-deposit within a period of four weeks from today.

FULL TEXT OF THE JUDGMENT/ORDER OF JHARKHAND HIGH COURT

Heard learned counsel for the parties.

2. Writ petition was preferred with the following prayer (s).

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