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Issues: Whether dismissal of the appeal for non-compliance with the mandatory pre-deposit requirement was justified where the appellant claimed to have deposited 7.5% of the duty under an incorrect assessee code.
Analysis: The record showed payment of the amount corresponding to 7.5% of the duty, and the payment itself was not firmly disputed. The discrepancy was confined to an incorrect assessee code, which had been intimated to the department. Verification of the payment was therefore necessary before deciding compliance with the pre-deposit requirement.
Conclusion: The dismissal was not sustainable without verification of the claimed pre-deposit; the matter was returned for verification and fresh adjudication in favour of the assessee.