https://www.taxtmi.com/caselaws?id=105178 An erroneous dismissal recorded on the assumption that the dispute had been settled under the KVS Scheme was recalled because the required payment had not actually been made. The earlier final order was therefore set aside. However, the appellate forum could not disregard a binding High Court direction requiring pre-deposit under the proviso to Section 35F of the Central Excise Act, 1944, and the appeal remained non-entertainable for failure to comply. The dismissal of the appeal for non-compliance with the pre-deposit condition was upheld, leaving the stay request also unconsidered. en-us Wed, 08 Aug 2001 00:00:00 +0530 Fri, 02 Mar 2012 17:38:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=105178 An erroneous dismissal recorded on the assumption that the dispute had been settled under the KVS Scheme was recalled because the required payment had not actually been made. The earlier final order was therefore set aside. However, the appellate forum could not disregard a binding High Court direction requiring pre-deposit under the proviso to Section 35F of the Central Excise Act, 1944, and the appeal remained non-entertainable for failure to comply. The dismissal of the appeal for non-compliance with the pre-deposit condition was upheld, leaving the stay request also unconsidered. Case-Laws Central Excise Wed, 08 Aug 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105178