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2015 (10) TMI 1216 - AT - Central ExciseMaintainability of appeal - Non compliance with pre deposit order - Mandatory pre deposit - Held that:- There were four other demands pertaining to the appellant and the total duty involved in all the cases is ₹ 151.87 lakhs and in fact, the assessee's appeal in one of the said cases has been dismissed by this Tribunal. The amount involved in the said case is ₹ 145.50 lakhs and in respect of the remaining three cases, there is neither any stay for recovery nor any other details submitted by the appellant on the stay application that has been filed anywhere. It was further informed that the amount recovered ₹ 36.58 lakhs is against the recoverable amount of ₹ 151.87 lakhs involved in other four cases. Further, as far as the present appeal is concerned, no amount has been appropriated for the simple reason that even in respect of the remaining cases, the total amount is yet to be recovered. - appellant has not deposited the amount of 7.5% as required under Section 35F of the Central Excise Act, 1944 and in view of this factual position the appeal filed by the appellant is not maintainable - Decided against assessee.
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