9911796707
TMI Blog2000 (7) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... : S.L. Peeran, Member (J)]. - The stay & appeal challenges the dismissal of appeal under Section 35F of the Act for non-compliance of interim stay order by Commissioner (Appeals) in terms of final order No. 11/2000 (M-I) dated 10-2-2000. The Commissioner (Appeals) in his interim order had directed the appellants to pre-deposit the entire duty amount of Rs. 5,45,509/-, on his prima facie fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as confirmed by the Asst. Commissioner. It is his contention that appellants are liable to duty as confirmed in CIO as all these were subsequent to the removal of goods from the factory gate. 3. Ld. DR. Shri M. Kunhikannan points out that the expenses are includible as held by the Commissioner (Appeals) in para 4 of the OIA wherein he has noted that as per clause 1.9 on page 3 of the contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have a strong prima facie case, hence they are required to pre-deposit the amounts valuable, if their appeal is to be considered by Commissioner (Appeals). 4. On careful consideration of the submissions, we notice that the issues are contentious and arguable in nature. Appellants have also pleaded hardship in the matter and they contended that their appeals are still pending before Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the matter for decision on merits.
7. Considered by consent of both sides, we take-up the appeal and impugned order is set aside and matter remanded to Commissioner (Appeals) who shall accept the compliance report from the appellants and decide the case on merits after giving due opportunity after expiry of the time stipulated above. Thus, the appeal is allowed by remand. X X X X Extracts X X X X X X X X Extracts X X X X
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