Section 35K: Decision of High Court or Supreme Court on the case stated.

The Central Excise Act, 1944Central Act · Act 1 of 1944

[35K. Decision of High Court or Supreme Court on the case stated.--(1) The [* * *] Supreme Court hearing any such case shall decide the questions of law raised therein and shall deliver its judgment thereon containing the grounds on which such decision is founded and a copy of the judgment shall be sent under the seal of the Court and the signature of the Registrar to the Appellate Tribunal which shall pass such orders as are necessary to dispose of the case in conformity with such judgment.

[(1A) Where the High Court delivers a judgment in an appeal filed before it under Section 35G, effect shall be given to the order passed on the appeal by the concerned Central Excise Officer on the basis of a certified copy of the judgment.]

(2) The costs of any [reference to [***] an appeal to [* * *] the Supreme Court,[* * *]] which shall not include the fee for making the reference shall be in the discretion of the Court.]

Where this provision sits

Act	The Central Excise Act, 1944
Section	35K
Marginal note	Decision of High Court or Supreme Court on the case stated.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted, Act 44 of 1980. . Subs. by Act 44 of 1980, s. 50 and Schedule V, Pt. II-2, for sections 35, 35A and 36 (w.e.f. 11-10-1982).
omitted, Act 49 of 2005. . The words "High Court or the" omitted by Act 49 of 2005, s. 30 and Sch. (Pt. VII-7) (w.e.f. 28-12-2005).
inserted, Act 32 of 2003. . Ins. by Act 32 of 2003, s. 146(a) (w.e.f. 1-7-2003).
substituted. . Subs. by ibid, s. 146, for "reference to the High Court or the Supreme Court" (w.e.f. 14-5-2003).
omitted, Act 49 of 2005. . The words "the High Court or"" omitted by Act 49 of 2005, s. 30 and Sch. (Pt. VII-7(ii)(a)) (w.e.f. 28-12-2005).
omitted. . The words "as the case may be" omitted by ibid, s. 30 and Sch. (Pt. VII-7(ii)(b)) (w.e.f. 28-12-2005).

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