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2016 (6) TMI 195 - AT - Central ExciseWaiver of pre-deposit of duty, interest and penalty - Non-remission of mandatory 7.5% of duty as required under Section 35 F of the Central Excise Act, 1944, as amended - Held that:- it is found that registry of the Tribunal issued defect memo dated 04.12.2015 to the applicants to produce proof of mandatory deposit. The applicant has not produced the proof of mandatory deposit till date after requesting the time. Therefore, after examining the provisions and the decision of this Tribunal in the case of M/s Kirti Industries vs. Commissioners of Central Excise, Customs and Service Tax-Silvasa [2015 (10) TMI 2451 - CESTAT AHMEDABAD], the Tribunal has no power to entertain the appeal, unless the appellant furnish proof of payment of mandatory amount under Section 35 F of the Act. Therefore, stay applications are not maintainable. - Appeals dismissed as infructuous
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