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2013 (1) TMI 50 - AT - Central ExciseNon deposit of Pre deposit - appellant has been harping upon that they had filed a miscellaneous application for modification of order of pre-deposit - this is second round of litigation before the Tribunal - Held that:- On scrutiny of the records of the ea, hence, the claim of the appellant that out come of the modification application was not heard and was not intimated seems to be incorrect. As regards the claim of appellant that they have complied with the stay order and deposited the entire amount of duty, it is found that the said amount was deposited by him on 22.03.2012 i.e. after the dismissal of the appeal by the first appellate authority. There is nothing on record to show that appellant has approached to this Tribunal for extension of time for complying with the order of pre-deposit - FAA was correct in not deciding the appeal for non compliance with the order of pre-deposit from the Tribunal.
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