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2015 (10) TMI 835 - AT - Central ExciseWaiver of pre deposit - Imposition of penalty - Held that:- Order-in-original does not indicate that any amount is appropriated against the present appeal. This fact is not disputed by the learned counsel for the appellant. Whatever amount was deposited has already been appropriated in another case. The said amount cannot be taken for purpose of compliance with the requirement of Section 129E(iii) - Under the circumstances, the objection raised by the Registry is correct and the appellant is required to deposit 10% of the penalty imposed in the present appeal, which has not been done. In the interest of justice, the appellant is given time upto 3 rd September 2015 to deposit the said amount and report compliance on 4 th September 2015, pending which the appeal will be dismissed for non-compliance with the provisions of Section 129E(iii) of the4 Customs Act, 1962. - Decided conditionally in favour of assessee.
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