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Cus - S.129E did not defeat or render vested right of appeal illusory - condition of pre-deposit is a reasonable condition: HC


Not printer's devil but printer a devil

You have written "after extracting the referred provisions, the High Court...". What was extracted was the version of Finance Bill and not that of the Finance Act, which rendered the Bench unable to see how two classes are created, ie. saddled with duty or duty & penalty on one side and only penalty on the other side.

The same mistake happened in the Nimbus case also.

The problem crept because of the incorrect version published by Professional Book Publishers who publish under the Trade Name "Professional's". The said publisher gave the version of Finance Bill in the bare act though the same was altered and the Finance Act was passed with modifications in the proposed substitution of Section 129E.

We are in the process of filing a Review Petition in the matter.

sureshbala sureshbala 28/06/2017

 

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