https://www.taxtmi.com/caselaws?id=218182 An appeal dismissed for non-compliance with a pre-deposit order may be restored where the dismissal was not on merits and the appellant later complies with the deposit direction. The Tribunal applied the principle that a dismissal for non-deposit is not a final adjudication of the dispute, and that, absent a statutory bar, it may recall the order when the ends of justice so require. It also treated substantial justice as prevailing over technical delay in compliance once the ordered amount had ultimately been deposited. The restoration application was allowed and the appeal was restored to its original number. en-us Wed, 16 Nov 2011 00:00:00 +0530 Wed, 16 Jan 2013 17:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=218182 An appeal dismissed for non-compliance with a pre-deposit order may be restored where the dismissal was not on merits and the appellant later complies with the deposit direction. The Tribunal applied the principle that a dismissal for non-deposit is not a final adjudication of the dispute, and that, absent a statutory bar, it may recall the order when the ends of justice so require. It also treated substantial justice as prevailing over technical delay in compliance once the ordered amount had ultimately been deposited. The restoration application was allowed and the appeal was restored to its original number. Case-Laws Central Excise Wed, 16 Nov 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=218182