2017 (5) TMI 1077

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....awal, Advocate for Appellant Shri D.K. Deb, Assistant Commissioner (AR),  for Respondent ORDER Per: Anil Choudhary Heard the parties on Miscellaneous Applications filed for restoration of appeal and modification of the earlier stay order. Vide Final Order   No.70315/2016 dated 04th July, 2016, the appeal was dismissed ex-parte as there was no compliance of the ex-parte stay orde....

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....order by the appellant-assessee, passed on the stay application. If the appellant fails to comply with the interim order the Tribunal should have vacated the interim order and rejected the stay application but non compliance of interim order cannot be a ground to reject the appeal of appellant. According to the Hon'ble High Court the matter was required to be decided on merits. Further ruling of H....