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2017 (10) TMI 436 - AT - Central ExciseRedemption fine - seized cash - appeal was filed by the Revenue on 8.9.2016 and copy of the same was served on the respondent. Respondents were required to file cross objection, if any, within 45 days of the receipt of the appeal memo - Held that: - Admittedly, till date, no cross objections have been filed by the respondents. Moreover, on 15.11.2016, the application for condonation of delay filed by the Revenue was considered by this Tribunal and on the said day Ms. Rinky Arora, Advocate appeared on behalf of the respondent and attended the proceedings. In that circumstances, it cannot be said that the appeal papers have not been received by the respondent and they were debarred the opportunity of filing of the cross-objections. Therefore, at this stage, again time is sought to file cross objection which is not permissible. Stay order - no stay order has been granted by the Hon’ble High Court against the order of this Tribunal - Held that: - the same cannot be the reason that as the appeal is pending before the Hon’ble High Court against the order of this Tribunal to set aside the impugned order. Appeal dismissed - decided against Revenue.
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