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2013 (9) TMI 928

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....h, Nishant Mishra For the Respondent : Ramesh Chandra Shukla   ORDER We have heard Shri Nishant Mishra assisted by Shri Aditya Bhattacharya, learned counsel for the appellant. Shri R.C. Shukla appears for the respondents. This appeal under Section 35G of the Central Excise Act arises out of an order dated 15.7.2013 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)....

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.... to deposit the remaining amount of Rs.7,05,180/-. The application came up for hearing and was dismissed on 15th July, 2013 on the ground that the particulars of such deposits were neither brought to the notice of adjudicating authority nor the appellate authority and even if the amounts claimed to have been remitted are reckoned, the petitioner is seen to have defaulted in compliance with the or....

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.... he had suffered heart attack in August, 2013 resulting into default. He submits that since the appeal stands dismissed in consequence to non-compliance of the order under Section 35F, the Court may interfere to protect the interest of the appellant. We do not find any substance in the contention. The petitioner had an opportunity to deposit the 50% of the amount within six weeks of the order dat....