2009 (8) TMI 207

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..... Act, 1944.- adjournment not grantable when stay application not filed and pre-deposit not made - Further, though there is a mention in the appeal memo that the appellants have filed application to dispense with pre-deposit, but no stay application is available - the appellants have not filed any stay petition nor they have deposited any fee for filing of the stay application. In these circumstanc .....

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..... requirement of the pre-deposit. As such, she prays that the appeal should be dismissed as not maintainable. 3. I find that the objections raised by the learned SDR are valid. Apart from the fact that the appeal is defective as a copy of the Show Cause Notice has not been filed, the Tribunal cannot entertain an appeal without there being pre-deposit of the duty and penalty under Section 35F of th .....

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