TMI Blog2012 (7) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... - Commissioner (Appeals) has not decided the appeal on merits and now the applicant undertook to deposit 25% of the duty confirmed for hearing of the appeal, therefore, the impugned order is set aside and the matter is remanded to the Commissioner (Appeals) - E/858/11 - - - Dated:- 6-6-2012 - Mr.S.S. Kang, Mr. Sahab Singh, JJ. For Appellant: Mr. M.S. Jagesha, Advocate For responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and the Commissioner (Appeals) directed the appellant to deposit whole of the duty amount within 15 days for hearing of the appeal. Appellant had not complied with the condition of the stay order and the appeal filed by them was dismissed by the Commissioner (Appeals) for non compliance with the provisions of Section 35F of the Central Excise Act. 5. We find that in the applicant s own cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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