TMI Blog2011 (8) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... whether such restoration application can be filed without any time-limit - Held that:- appellant was required to deposit amount and report compliance in 5-10-2007 and appeal was dismissed for non-compliance on 5-11-2007. Restoration application was filed on 25-5-2008. Therefore, it can be seen that restoration application in that case had been filed after about 8 months. In this case, restoration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posit the amount and even after giving the 3 adjournments, the appellant could not deposit the amount, the appeals were dismissed vide Order No. A/1079/C-IV/WZB/2006/SMB, dated 3-7-2006. Now, the appellants have come with an application for restoration of appeal. 2. Ld. Consultant on behalf of the appellant submitted that they were facing financial crisis due to closure of business the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at restoration application is also required to be filed within reasonable time and in the case of Kiritkumar J. Shah v. CCE, Nagpur - 2009 (242) E.L.T. 222 (Tri.-Mum.) = 2011 (22) S.T.R. 246 (Tri.-Mum.), it has been held that in the absence of any specific period of limitation for filing restoration of appeal, application for restoration of appeal has to be filed within a period of 3 months from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
