2009 (10) TMI 728

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....r. Shri S.P. Kesharwani, SSC and Shambhu Chopra, for the Respondent. ORDER Heard learned Counsel for the appellant. Sri Shambhu Chopra, appears for the Central Excise Department. 2. These two Central Excise Appeal arise out of order dated 17-6-2009 [2009 (242) E.L.T. 55 (Tri.-Del.)] passed by Customs, Excise and Service Tax Appellate Tribunal, New Delhi, deciding the application for wa....

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....as compelled to deposit under protest Rs. 2 Crores on 26-9-2009. M/s. Ekta Falvours also deposited Rs. 10 lakhs on the same day. M/s. Pan Parag India Limited thereafter claimed adjustment of Rs. 3 Crore of the refunds due to it. The appellant has thus deposited Rs. 5 Crores. 4. In the counter affidavit, Sri A.K. Sharma Assistant Commissioner, Central Excise, Kanpur has admitted in paragraph 22 ....

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....t, the entire amount, directed to be deposited by the Appellate Tribunal, stands deposited but that the Appellate Tribunal is insisting on dismissing the appeal on the ground that the amount was not deposited within the prescribed time i.e. within ten weeks from 17-6-2009. It is contended that since the appellants had preferred the appeals and were awaiting the decision of the High Court, the amou....