1996 (11) TMI 89

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....ter alia the order dated 23-4-1996 of the Customs, Excise and Gold (Control) Appellate Tribunal, by which it dismissed the petitioner's appeal for non-compliance of the conditions of pre-deposit under Section 35F and the order dated 22-8-1996 by which the Tribunal dismissed the restoration application. 2.The petitioner had filed an appeal against the levy of excise duty and penalty before the sai....

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....r's counsel. He could not inform the Tribunal about the compliance of the Tribunal's earlier order and, therefore, the appeal was dismissed for non-compliance of the pre-condition of deposit under Section 35F. Thus, the petitioner did not apprise the Tribunal that a writ petition was pending in the High Court nor did it apprise this court that its appeal had already been dismissed on 23-4-1996. 3....