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2015 (12) TMI 1210 - HC - Central ExciseWaiver of pre deposit - Appeal dismissed for non compliance - Clandestine removal of goods - Held that:- Once the conditional order of stay has attained finality, the dismissal of the appeal for non-compliance with the pre-deposit condition cannot be independently challenged. A period of more than eight years has also passed. Therefore, the writ petition challenging the dismissal of the appeal by CESTAT for failure to comply with the pre-deposit condition, cannot be sustained. - The order of the Tribunal shows that the appellant had admitted, at least in respect of one month, the clandestine removal of goods. - Decided against assessee.
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