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2022 (10) TMI 748 - AT - CustomsLevy of penalty - Application for modification of order - failure to pay deposit amount - Section 35F of the Central Excise Act, 1944 - HELD THAT:- It is clear that the appellant is deliberately not depositing the amount of Rs.50 lacs despite getting extension of time to deposit from the Hon’ble Supreme Court. Initially this Tribunal while ordering for pre-deposit in the year 2011 had specifically observed that non-deposit of the amount would result in automatic dismissal of the appeals without any further notice to the appellants but still so many opportunities were granted to the appellant to deposit the amount but of no avail. Such a contumacious conduct of the appellant cannot be tolerated. In the facts of the instant case we have left with no other option but to dismiss the Appeal filed by the Appellant for non-compliance of the order of this Tribunal as affirmed by the Hon’ble Supreme Court - Appeal dismissed.
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