TMI Blog2015 (1) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... t has made a pre-deposit of 7.5% of the duty in such cases, where duty and penalty is in dispute and appeal is filed before tribunal. Therefore, in terms of amended section 129E with effect from 06/08/2014, this tribunal is barred from entertaining any appeal unless the pre-deposit as mentioned in section 129E is complied with. The law is very clear and there is no ambiguity in the matter. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inous coal and consequently has confirmed a duty demand of ₹ 1,86,91,478/- against M/s Asian Natural Resources and ₹ 2,13,72,835/- against M/s Bhatia Global Trading apart from interest thereon and imposing penalties. In the Misc. application filed by the appellants, it has been urged that case be heard without insisting on any pre-deposit and, therefore, the appeal be admitted. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the other hand reiterates that the provision of section 129E mandates pre-deposit of the duty at the rate prescribed therein and such a requirement cannot be waived. 4. We have carefully considered the submissions made by both the sides. 5. Section 129E has amended by the Financial Act 2014 (sic) read as follows SECTION 129E. [Deposit of certain percentage of duty dema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pute, in pursuance of the decision or order appealed against; (iii) against the decision or order referred to in clause (b) of sub-section (1) of section 129A, unless the appellant has deposited ten per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against: Provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complied with. The law is very clear and there is no ambiguity in the matter. In view of the above, we hold that the appeal is not admissible before this Tribunal, inasmuch as the appellants have not complied with the pre-deposit requirements envisaged in section 129E. Accordingly, the Misc. applications are dismissed and consequently the appeal also gets dismissed. (Dictated in court). - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
