2007 (4) TMI 591

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....e, for the Appellant. Shri D.S. Negi, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. -  Heard both sides on the application for restoration of appeal. 2. The relevant facts, in brief, are as follows :- (a)     The original authority vide his order dated 28-6-2004 confirmed a duty demand of Rs. 25,19,401.17 on illicitly cleared processed/dyed fabr....

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....t up to 15-10-2005 and to report compliance on 17-10-2005. (e)     The applicant did not comply with the order of pre-deposit by the Tribunal in spite of granting extension of time and consequently, their appeal was dismissed vide Tribunal's order No. A/1468/WZB/2005/C-II/EB dated 25-10-2005. 3. After about an year, the applicant has deposited Rs. 6 lakhs on 13-10-2006 a....

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....imited v. C.C.E., Jaipur reported in 2001 (129) E.L.T. 481 (Tri-Del.) and (g)     Master Recording Co. v. C.C.E., Chennai/Cochin reported in 2000 (125) E.L.T. 1020 (Tribunal). 5. We have given careful consideration to the submissions made by both sides. Section 35F envisages pre-deposit of duty and penalty before any aggrieved person files an appeal. However, the Tribuna....