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2015 (1) TMI 347 - CESTAT BANGALOREDismissal of appeal - Non compliance of pre deposit order - Held that:- It is the submission of the appellant that the order itself was dispatched much later and as a result the appellant could not make the payment. Further he also submits that on the very same issue for a different period, the matter had come up before the Tribunal and the Tribunal in [2015 (1) TMI 290 - CESTAT BANGALORE] had granted unconditional waiver of predeposit and stay against recovery. In view of the fact that in the case of the very same appellant for a different period on the very same issue, this Tribunal did not consider it is necessary to direct predeposit of any amount and granted the unconditional waiver of predeposit and stay, we consider that the Commissioner(Appeals) also can hear the appeal without insisting on predeposit. Accordingly, the impugned order is set aside and the matter is remanded to the Commissioner(Appeals) with a request to deposit the appeal without insisting on any predeposit - Decided in favour of assesse.
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