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    <title>2019 (10) TMI 822 - CESTAT HYDERABAD</title>
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    <description>The appeal was allowed by the Appellate Tribunal as it held that the appeal had been filed within the condonable time limit under Section 128, despite the mandatory pre-deposit being made after the deadline specified under Section 129E. The Tribunal followed the distinction between the filing of an appeal and the pre-deposit requirement, as emphasized in a judgment by the High Court of Gujarat. The matter was remitted to the First Appellate Authority for a decision on the merits, considering that the date of filing an appeal should be treated separately from the date of making the mandatory pre-deposit.</description>
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      <link>https://www.taxtmi.com/caselaws?id=387338</link>
      <description>The appeal was allowed by the Appellate Tribunal as it held that the appeal had been filed within the condonable time limit under Section 128, despite the mandatory pre-deposit being made after the deadline specified under Section 129E. The Tribunal followed the distinction between the filing of an appeal and the pre-deposit requirement, as emphasized in a judgment by the High Court of Gujarat. The matter was remitted to the First Appellate Authority for a decision on the merits, considering that the date of filing an appeal should be treated separately from the date of making the mandatory pre-deposit.</description>
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