2011 (2) TMI 1070

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..... /2010/C.II dated 26.10.10 wherein  this Bench had directed the appellant to pre-deposit an amount of Rs. 10 lakhs within a period of 8 weeks and report compliance on 28.1.11.  The matter ultimately arises today for report of compliance. There is no representation for the applicant, who has requested for a decision on merits without personal hearing.  We have gone through this applic .....

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..... x. & Cus., Nasik [ 2009 (243) ELT 476 (Tri-Mumbai). Para 8 of the Hon'ble High Court's judgement is reproduced  below:-   'Our experience shows that in almost all the applications moved to seek modification of the Tribunal's order contain oly grounds of review. They are freely entertained by the CEGAT and the same are sometime accepted or rejected on merits with detailed order. Su .....

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..... e and would not have been required to devote nine pages for wring impugned order. We direct that henceforth the Tribunal shall first make prima facie, enquiry whether application needs consideration on merits. If the Tribunal finds that prima facie case for modification is made out, then, only a Tribunal shall deal with such application on merits. The Tribunal shall be justified in rejecting frivo .....

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