2013 (7) TMI 906

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....b. PDS Legal, for the Appellant. Shri J.B. Mishra, for the Respondent. ORDER This appeal is directed against the order dated 23 January, 2012 of the CESTAT rejecting the appellants' appeal and the application for condonation of delay of 300 days in filing the appeal on the ground that the appellants had not shown sufficient cause for the delay of over 300 days more particularly that the a....

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.... appeal before the Commissioner (Appeals) was directed against the Order-in-Original dated 31 March, 2007 of the Joint Commissioner, Central Excise, Customs and Service Tax, Nashik. According to the appellants, the said order was passed by the Joint Commissioner as an ex parte order without affording any opportunity to the appellants. 5. The appellant has raised the following substantial q....

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....ril, 2009, the appellant is ready and willing to deposit the balance amount of Rs. 3 lakhs within four weeks from today. 7. Mr. Sridharan further submits that the Tribunal has dismissed the appellants' restoration application on the ground that the Tribunal has no power to entertain such an application. However, the Tribunal while dismissing the restoration application by order dated 29 No....

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....ired to be deposited in 2008, however we are not directing the appellants to deposit any further amount only because the appellants had some cause to show to explain the delay caused in filing the appeal before the Tribunal. 10. In view of the above, the appeal is allowed. The impugned order of the Tribunal as also the order of the Commissioner (Appeals), Nashik dated 27 May, 2008 is also ....