2009 (3) TMI 77

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....cate, for the appellant. [Judgment per M.M. KUMAR, J.]. - The instant appeal filed under Section 35G of the Central Excise Act, 1944 (for brevity, 'the Act') is directed against order dated 4.8.2008 (A-3), passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for brevity, 'the Tribunal') in Custom Appeal No.  463 of 2008. The Tribunal has accepted the request made by the....

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....he appellant has argued that once the remand order has been passed then no condition of pre-deposit could have been imposed by the Tribunal. According to the learned counsel such a requirement of pre-deposit would be without jurisdiction because such condition could be imposed in the event when the appeal is pending before the Tribunal. In that regard he has referred to the provisions of Section 3....