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2013 (5) TMI 466 - AT - CustomsTime for pre-deposits - appellant has not deposited the amount as ordered, as they are filing a SLP against such order in the apex Court and requests for time of six weeks to comply with the same. held that - In the absence of any compliance of the stay order which has been upheld by the Hon ble High Court of Gujarat appeal is dismissed for non - compliance.
Issues Involved:
Non-compliance with pre-deposit order leading to dismissal of appeal. Analysis: Issue 1: Non-compliance with pre-deposit order The appellant had not deposited the amount as ordered, and their appeal filed in the Hon'ble Gujarat High Court was dismissed. The appellant's counsel mentioned filing a Special Leave Petition (SLP) in the apex Court against the High Court's order. Sufficient time had been granted to the appellant previously, considering their appeal before the High Court. The High Court had directed not to dismiss the appeal during the pendency of the tax appeal. However, as the High Court eventually dismissed the tax appeal and in the absence of any compliance with the stay order, the Tribunal found it necessary to dismiss the appeal for non-compliance. In conclusion, due to the appellant's failure to comply with the pre-deposit order and the High Court's dismissal of the tax appeal, the Tribunal dismissed the appeal for non-compliance. The appellant was given ample time and opportunities to adhere to the orders, but the lack of compliance led to the unfavorable outcome. This judgment highlights the importance of complying with court orders and the consequences of non-compliance in legal proceedings. It underscores the significance of timely and proper adherence to directives issued by the courts to maintain the integrity and effectiveness of the judicial process.
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