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2013 (2) TMI 331

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..... ion of the Hon ble High Court either. There is no clear statement of any payments made by the appellant for the period April 2004 to June 2005, nor is there any claim of further payments within the prescribed time towards pre-deposit of Rs. 14 lakhs ordered by this Bench. Miscellaneous application rejected - appeal gets dismissed for non-compliance with Section 35F of the Central Excise Act a .....

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..... 7.11.2012 vide Misc. Order No.665/2012 dated 4.9.2012. As there was no sitting on the appointed date, the matter has eventually arisen before us today. There is no representation for the appellant today despite notice, nor any evidence of pre-deposit available on record. 2. Today, a miscellaneous application, No. 597/2012, seeking modification of the stay order is coming up for consideration. .....

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..... Hon ble High Court granted four weeks time (from 11.9.2012) to deposit any balance amount and submit proof thereof to the Registry of this Tribunal. As against the equitable relief so granted by the Hon ble High Court, the party has, in the miscellaneous application under consideration, chosen to submit as follows :- 7. It is to submit that the total demand for the period April 2004 to March 200 .....

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..... direction of the Hon ble High Court either. There is no clear statement of any payments made by the appellant for the period April 2004 to June 2005, nor is there any claim of further payments within the prescribed time towards pre-deposit of Rs. 14 lakhs ordered by this Bench. 3. In the above scenario, the miscellaneous application is rejected and, consequently, the appeal also gets dismissed .....

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