Date: |
04-01-2001
|
Notification No: |
Central Excise Circular No 564/2001
|
Issuing Authority: |
Central Excise
|
Type: |
Circular
|
File No: |
|
Subject: |
Regarding determination of the amount for which demands are made and payment of court fees accordingly - Question
|
Regarding determination of the amount for which demands are made and
payment of court fees accordingly - Question
Circular
No. 564 dated 4th January 2001
The
Hon'ble Supreme court of India in its judgement in Civil Appeal No.215/66 in the
matter of Md. Saajuddin Vs State of Orissa and Another, vide order dated
27-09-66 copy enclosed, had held that the subject matter of proceedings is the
amounts for which demands are made and court fee is payable accordingly as per
the provisions of part -II of Schedule-III to the Supreme Court Rules, 1966
(quoted in the judgement).
The Supreme Court Registry in it effort to implement the said decision of 1966
has been asking the Central Agency Section, Ministry of Law & Justice to pay
deficit court fee both in respect of pending matters as well as new matters
which are being filed now. A copy of the reference dated 14-12-2000 received
from the Deputy Government Advocate, Ministry of Law & Justice; Central
Agency Section in this regard is also enclosing for you ready reference.
In
view of the above an to meet the requirement of the Supreme Court Registry, each
case has to be examined thoroughly to ascertain the value/amount of revenue
involved in the subject matter in dispute and court fee has to be paid
accordingly as per the provisions of part - II of Schedule - III to the Supreme
Court Rules, 1966 as quoted in the Apex Court order cited supra. As the Central
Agency section had been paying Rs.250/- only towards the Court fee in each of
the cases, the balance amount of court fee is to be made good. We have been
writing to you from the individual case files for remitting the amount as per
the requirements made by the Central Agency Section.
Bank
considering the above, you are requested to remit the draft for the amount
mentioned in our letter on priority basis. While sending future CA/SLP proposal,
you are requested to calculate the payable court fee as per 1966, guideline and
remit the total amount in the form of a Bank Draft to the CAS, e.g. if the court
fee payable is Rs.2000/- then an amount of Rs.4250/- should be sent to CAS.
|
|