TMI Blog2014 (4) TMI 794X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.01.2009 will have no force. This apart, the stay Order did not grant any stay of recovery either - Decided against assessee. - E/95/2008 - E/MISC/289/2011, E/95/2008 and Misc Order No. 40001 of 2013 - Dated:- 1-1-2013 - P G Chacko And Mathew John, JJ. For the Appellant : Shri Derick, Adv. For the Respondent : Shri Parmod Kumar, Jt. Commr. (AR) PER : P G Chacko This application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f proceedings of this Tribunal. This stay was extended from time to time by the Hon'ble High Court till it was vacated by the Court. After the stay was vacated by the Hon'ble High Court, this Tribunal resumed its proceedings and, having found no quantification of demand by the proper officer of Central Excise on the basis of the impugned order, waiver of predeposit was granted vide Order dated 23. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... state that, with the dismissal of the aforesaid writ petition as withdrawn, the assessee's challenge against our direction for predeposit of Rs. Five lakhs came to be withdrawn and consequently, the assessee has clearly acquiesced in the requirement to predeposit of the said amount of Rs. Five lakhs. This would mean that the appellant is liable to make this predeposit under Section 35F of the Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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