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    <title>2005 (9) TMI 392 - CESTAT, MUMBAI</title>
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    <description>Revenue failed to report the status of recovery of duty and penalty despite repeated opportunities and adjournments, even though it was expected to communicate recovery details relevant to the pre-deposit requirement under Section 35F of the Central Excise Act, 1944. As no recovery information was furnished, the Tribunal could not dispose of the appeal on merits and exercised its discretion to restore the appeal. The matter was directed to be listed for regular hearing, with Revenue required to report the amounts recovered so the appeal could be heard and decided.</description>
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      <description>Revenue failed to report the status of recovery of duty and penalty despite repeated opportunities and adjournments, even though it was expected to communicate recovery details relevant to the pre-deposit requirement under Section 35F of the Central Excise Act, 1944. As no recovery information was furnished, the Tribunal could not dispose of the appeal on merits and exercised its discretion to restore the appeal. The matter was directed to be listed for regular hearing, with Revenue required to report the amounts recovered so the appeal could be heard and decided.</description>
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      <pubDate>Thu, 08 Sep 2005 00:00:00 +0530</pubDate>
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