2018 (9) TMI 578

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....ki Arora, Advocate for the appellant Shri R.R. Majhi, D.R. for the respondent ORDER Per Anil Choudhary : The appellant has filed present application for restoration of their appeal which was dismissed vide ex-parte order dated 31^st May 2016 for non-making of pre-deposit as directed by this Tribunal vide stay order dated 19.2.2016. 2. It is further pleaded that the said order of dis....

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....th the application for condonation of delay with copy of the challan. 3. During the course of argument, the Bench noticed that in the operative part of the order-in-original, it has been observed that the demand confirmed against the appellant is Rs. 18,39,717/- a part of which is confirmed under 'cargo handling' and for the other period is confirmed under 'mining services' for ....

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....ere has been error apparent on record in dismissing the appeal of the appellant for want of pre-deposit whereas there was sufficient amount already paid on behalf of the appellant by WCL, which the Revenue had undertaken to adjust. But somehow this material fact was not placed before this Tribunal and resulted in dismissal of the appeal although the relevant documents was on record. Further, we fi....

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....Vs. Smt. Swarnalata W/o Jayant Wasnik wherein the High Court have observed that for the conscious decision of a party not to lead evidence and subsequently to allege negligence on the part of the Advocate and seek relief of indulgence, is bad practice and needs to shunned. 7. Ld. AR further relies on the ruling of the Hon'ble Supreme Court in the case of Basawaraj & Anr Vs. Spl. Laq Officer....