ANNEXURE-39

Form No.E.A.-4
[See Rule 6(2)]
Form of Memorandum of Cross-objections to the Appellate Tribunal under section 35B of the Act
[IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL]

Cross-objection No...................... of 2001
In appeal No....................of 2001
..................................................................................................................Appellant
Vs............................................................................................................... Respondent.

1. State/Union Territory and the Commissionerate in which the order/decision of assessment/penalty/fine was made.

2. Date of receipt of notice of appeal or application filed with the Appellate Tribunal by the appellant as the case may be, the Commissioner of Central Excise.

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

4. Address to which notices may be sent to the appellant/applicant.

5. Whether the decision or order appealed against involves any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment; if not, difference in duty or duty involved, or amount of fine or penalty involved or value of goods involved, as the case may be.

6.

(i) Description and classification of goods

(ii) Period of dispute

(iii) Amount of duty, if any, demanded for the period mentioned in item (i)

(iv) Amount of refund, if any, claimed for the period mentioned in item (i)

(v) Amount of fine imposed

(vi) Amount of penalty imposed

(vii) Market value of seized goods.

7. Reliefs claimed in the memorandum of cross-objectionsGrounds of Cross-objections

Signature of the authorised Representative, if any

Signature of the Respondent

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 Respondent

Note:

(1) The grounds of cross-objections and the form of verification shall be signed by the respondent in accordance with the provisions of Rule 3.

(2)form of memorandum of cross-objections shall be filed in quadruplicate.

(3) The form of memorandum of cross-objections should be in English or Hindi and should set forth, concisely and under distinct heads the ground of the cross-objections without any argument or narrative and such grounds should be numbered consecutively.

(4) The number and year of appeal/application as allotted by the office of the Appellate Tribunal and appearing in the notice of appeal/application received by the respondent is to be filled in by the respondent.

(Above Annexure 39 has been vide Central Excise (Appeals) Rules, 2001)

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