2012 (5) TMI 453

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....er Dr. D.M.Misra   This Tribunal vide its Stay Order dated 09.02.2012 directed the Appellants to make a predeposit of 25% of the amount of duty confirmed, within a period of eight weeks and report compliance on 19.04.2012. The Order was pronounced on 09.02.2012 in the presence of the Advocate for the Appellants. On 19.04.2012, i.e.on the date of compliance, the learned Advocate, Shri Arijit ....

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....eported in 2010(259) ELT 24 (Bom.) and also the Hon ble High Court of Calcutta in the case of CCE, Kolkata-II vs. Shree Gobinddeo Glass Works Ltd. reported in 2011(263) ELT 178 (Cal.) have held that in absence of any order staying the operation of the Predeposit Order or modifying the Predeposit Order passed, the Tribunal is within the jurisdiction to proceed with the case. Accordingly, he vehemen....

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.... law laid down by the Hon ble Bombay High Court in Hanila Era Textiles case(supra) and the Hon ble Calcutta High Court in Shree Gobinddeo Glass Works case(supra), is applicable to the present case. The Division Bench of the Hon ble Calcutta High Court in Shree Gobinddeo Glass Works case(supra) had observed as follows:   28.We are unable to endorse the conclusion of the learned Trial Judge du....