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2015 (1) TMI 667 - HC - Central ExciseWaiver of pre deposit - Appeal dismissed for non compliance of pre deposit order - Held that:- Court vide its judgment [2005 (12) TMI 99 - HIGH COURT OF JUDICATURE AT ALLAHABAD] permitted the petitioners to deposit ₹ 5 lacs within one month and subject thereto his appeal was directed to be decided by Tribunal on merits but even this order was not complied with by depositing the amount of ₹ 5 lacs within one month. It is also evident from the record that application of modification was rejected and another application for recall of that order was dismissed. In these facts and circumstances, I do not find any error apparent on the face of record on the part of Tribunal in dismissing petitioner's appeal on the ground of non compliance of condition precedent. - Decided against assessee.
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