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2019 (9) TMI 420 - HC - Central ExciseExtension of time for making pre-deposit - auction of property - recovery of amount from auction of property - HELD THAT:- As the department has been able to recover the amount of ₹ 2.61 Crore, we are of the view that the applicants may not be now asked to deposit the amount towards the pre-deposit. The interest of the revenue could be said to be protected. The applicants must get an opportunity to argue the appeal on merits rather than the appeal being dismissed on the ground of failure of pre-deposit. CESTAT is directed to hear the appeal on merits without insisting for the pre-deposit - appeal restored - application disposed off.
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