ANNEXURE-41

Form No. E.A.-6
[See Rule 8 (1)]
Form of Application to the High Court under sub-section (I) of section 35H of the Act
IN THE HIGH COURT OF JUDICATURE AT
In the matter of Appeal No. (Name of the appellant)
Application No…………………………………………………. Of ………………………………………………………… 2001
(To be filled in by the Office)
...........................................................................................................................Applicent.
Vs............................................................................................................................Respondent.

1. State or Union Territory and the Commissionerate from which the application is filed:

2. Number of the appeal which gives rise to the reference:

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

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

5. The appeal noted above was decided by the…………………. Bench of the Appellate Tribunal on:

6. The notice of the order under section 35C of the Act was served on the applicant on:

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

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

9. The applicant, therefore, requires under sub-section (1) of section 35H of the Act that the High Court directs the Appellate Tribunal to refer to the High Court the question of law referred to in paragraph 8 above.

10. The documents or copies thereof specified below (the translation in English of the documents, where necessary) are annexed with the statement of the case.

Signature of the authorised Representative, if any

Signature of the applicant

verification
I,……………………………………….. the applicant, 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

Note:

(1) The application and the form of verification shall, if the application is made by any person, other than the Commissioner of Customs, be signed by the applicant in accordance with the provisions of Rule 3.

(2) The application shall be filed in quadruplicate.

(3) The fee of Rs. 200/- required to be paid under the provisions of the Act shall be through a crossed bank draft drawn in favor of the Registrar of the High Court on a branch of any nationalised bank located at the place where the High Court is situated and the demand draft shall be attached to the form of application.

(Above Annexure 41 has been vide Central Excise (Appeals) Rules, 2001)

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