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Form No. EA-7, Form of Memorandum of Cross-Objections under Sub-Section(3) of Section 35 H.


ANNEXURE-42

Form No. E.A.-7
[See Rule 8(2)]


Form of Memorandum of Cross-Objections under sub-section (3)
of section 35H of the Act in the matter of an application before
the High Court under sub-section (1) of section 35 H of the Act


In the High Court of Judicature at ……………….
Memorandum of Cross-Objections No……………of……………2001…………….
(To be filled in by the office)
In Application No………………….of………………2001………………..

…………………………………………………………………………………..Applicant.

Vs.

…………………………………………………………………………………..Respondent.

  1. State or Union Territory and the Commissionerate from which the memorandum of cross-objection is filed:

  2. Date of receipt of application filed with the High Court by the respondent:

  3. Address to which notices may be sent to the respondent

  4. Address to which notices may be sent to the applicant:

  5. The facts which are admitted and/or found by the Appellate Tribunal and which are necessary for drawing up a statement of the case, are stated in the enclosure for ready reference:

  6. The following questions of law arise out of the order of the Appellate Tribunal:

  7. The respondent, therefore, requires under sub-section (1) of section 35H of the Act that the Tribunal may be directed to furnish a statement of the case on the questions of law referred to in paragraph 6 above.

  8. That the documents or copies thereof as specified below (the translation in English of the documents where necessary) is annexed with the statement of case.


Signature of the authorised
representative, if any.

Signature of the applicant.


Verification


I,………………………the respondent, do hereby declare that what is stated above is true to the best of my information and belief.

Verified today, the…………………..day of…………..2001…………………


Signature of the authorised
representative, if any.

Signature of the applicant.

Notes:-

  1. The form of memorandum of cross-objection and the form of certification shall, if the memorandum is filed by any person, other than the Commissioner of Central Excise be signed in accordance with the provisions of Rule 3.

  2. The memorandum of cross-objection shall be filed in quadruplicate.

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