2015 (1) TMI 1322

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.... : Ashok Singh, S.S.C. C.E. ORDER Cause shown is sufficient. The delay condonation application is allowed. The delay in filing the present appeal is condoned. The appellant filed an appeal under Section 35B of the Central Excise Act, (hereinafter referred to as the Act) after depositing the requisite fee. The appellant also filed a stay application for staying the demand and penalty. The Trib....

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....nt passed on the stay application. If the appellant has not complied with the interim order, the Tribunal should have vacated the interim order and rejected the stay application but non-compliance of the interim order cannot be a ground to reject the appeal of the appellant, which in our opinion was required to be adjudicated on merits. We accordingly, allow the appeal and set aside the order of ....