2010 (9) TMI 1149

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....iwari and R.C.S. Bhadoria, Advocates, for the Respondent. ORDER In this writ petition preferred under Article 226/227 of the Constitution of India, the sustainability of the order dated 26th May, 2009 passed by the Customs, Excise and Service Tax Appellate Tribunal (for short 'Tribunal') with regard to pre-deposit. 2. This Court while issuing notice on 22nd July, 2009 passed the foll....

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....bility upon the petitioner. In this behalf he relies upon the judgment of Supreme Court in Collector of C.E., Kanpur v. Krishna Carbon Paper Co. - 1988 (37) E.L.T. 480 (S.C.) and submits that it is the statutory provision which will prevail and not the mistake committed by the petitioner which happened 20 years ago and that too for a period of six months. He further submits that this plea was rais....

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....d by the Tribunal. We make it clear that the Tribunal will be at liberty to proceed with the appeal and decide the same on merits. 10. Dasti? 11. We have been appraised at the Bar that 25% has been deposited but the appeal has not been heard by the Tribunal. 12. Having heard Mr. Naveen Malik, learned counsel for petitioner and Mr. Mukesh Anand, learned standing counsel for ....