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2010 (8) TMI 249 - AT - Central ExciseRestoration of appeal - appeal of the applicant was dismissed for non-deposit - applicant is not invoking any extraordinary jurisdiction - subsequent application for restoration of the appeal was also dismissed by this Tribunal after noting that a major part of the amount had already been deposited by the party - writ petition filed by the party against the Tribunal’s order was also dismissed – it was not in dispute that the entire amount covered by the Tribunal’s order passed under Section 35F of the Act was either deposited by him or otherwise recovered by the department - payments/recoveries have taken place either during the pendency of proceedings before the High Court or after dismissal - present applicant entitled to the benefit of Scan Computer Consultancy (supra) and Kamaladevi (supra), a benefit which liable to be granted under Rule 41 ibid, if not under Section 35C of the Central Excise Act – Appeal restored
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