2008 (9) TMI 191

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....CDR, for the Respondent. [Order per: S.L. Peeran, Member (J)]. - The stay application and the appeal are taken up together for remand to the Commissioner (Appeals) for deciding the matter on merits. The Commissioner (Appeals) in the impugned order had dismissed the appeal in terms of Section 35 of the Central Excise Act for non-deposit of the balance amount of Rs. 75,000/- as against the total am....

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....prays for remanding the matter to the Commissioner (Appeals) to decide the case on merits. He submits that the issue is covered by the Tribunal rulings in their favour. 2. The learned Jt. CDR opposes the prayer and submits that the interim order directing them to deposit the balance amount of Rs. 75,000/- is a correct order and they should deposit the same to contest the case. 3. On a careful co....