2004 (3) TMI 683

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Appellant. Shri H.C. Verma, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  This is an application by M/s. Jay Rapid Rollers Ltd. for restoration of their appeal which has been dismissed for non-compliance of pre-deposit as directed by the Tribunal, vide Final Order No. A/599/2002-NB, dated 28-5-2002. 2. Shri J.S. Agrawal, learned Advocate, submitted that ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ame issue as involved in the present appeal a demand of more than Rs. 8.76 crores has been dropped by the Commissioner under Order-in-Original dated 28-11-2003; that therefore, the very applicability of Rule 57CC of the Central Excise Rules, 1944 become misconceived and void ab initio; that since the applicability of Rule 57CC was based on presumption that re-rubberizing is a manufacturing activit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Stay Order provided the amount is deposited before 18-7-2000; that instead of depositing the amount the applicants had filed writ petition in the Hon'ble High Court; that the learned Sr. Counsel for the Applicants sought leave of the Hon'ble High Court of Delhi to withdraw the application with liberty to approach the Tribunal for modification of Order dated 5-4-2002 and 28-5-2002; that the High C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....id amount the Tribunal did not find any merit in their Misc. application for modification of the Stay Order and their appeal was dismissed vide Final Order No. A-599/2002-NB-D, dated 28-5-2002. The Appellate Tribunal, however, given them liberty to apply for restoration, if they deposit the sum ordered to be deposited before 18-7-2002 which also has not been done by the Applicants. A subsequent or....