TMI Blog2010 (3) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... ee on disputes has been produced. 2. This is an Appeal along with Stay Petition filed by the party against the order dated 27-3-2009 on Miscellaneous Application filed by the Appellants before the Commissioner (Appeals) against the Stay Order No. 07/STAY/SH/08 dated 23-12-2008, passed by him. 3. Learned Jt. CDR raises a preliminary objection stating that the Appeal is not maintainable before T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original authority dated 10-1-2008 demanding interest of Rs. 73,15,99,057/- (Rupees Seventy Three Crore Fifteen Lakh Ninety Nine Thousand and Fifty Seven only) under Section 11AB(1) of Central Excise Act, 1944. The Stay Petition has been disposed of by the Commissioner (Appeals) vide order dated 23-12-2008 directing the Appellant to pre-deposit a sum of Rs. 35,00,00,000/- (Rupees Thirty Five C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not comply with the pre-deposit as ordered vide Stay Order No. 07/STAY/SH/08 dated 23-12-2008 the Appeal will stand dismissed on March 31, 2009 . Undisputedly the matter was not taken up by the Commissioner (Appeals) on 31st March, 2009 or thereafter and no further order has been passed formally dismissing the appeal. Perusal of the order of the Commissioner (Appeals) dated 27-3-2009 does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after taking into account his order dated 23-12-2008 on the Stay Petition and his Order dated 27-3-2009 and in accordance with law and after granting a reasonable opportunity of hearing to both the sides. 8. The Miscellaneous Application by the appellants for urging additional legal grounds is also disposed of. (Pronounced and dictated in the open court) - - TaxTMI - TMITax - Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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