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2015 (4) TMI 962 - SUPREME COURT

2015 (4) TMI 962 - SUPREME COURT - 2015 (319) E.L.T. 370 (SC), 2015 (10) SCC 629 - Restoration of appeal - Non deposit pre deposit ordered - Held that:- if we direct the Tribunal to accept the "pre-deposit amount" as deposited by the appellants and hear the appeal on merits, it will not cause any prejudice to either side - Tribunal directed to accept the "pre-deposit amount" paid by the appellants, which is in compliance with its earlier order and then decide the appeal on merits, in accordance .....

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anted. 2. This appeal is directed against the judgment and order, passed by the High Court of Judicature at Allahabad in Central Excise Appeal Defective No.124 of 2014, dated 12.11.2014. 3. By the impugned judgment and order, the High Court has rejected the appeal and has confirmed the orders passed by the Customs, Excise and Service Tax Appellate Tribunal (for short, "the Tribunal"), whereby the Tribunal has rejected the application of the appellants-herein for restoration of their ap .....

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this Court by way of a special leave petition. The said special leave petition was also dismissed by this Court, vide order dated 03.01.2013. 6. It would be pertinent to note that immediately thereafter, the appellants have complied with the directions issued by the Tribunal with regard to the "pre-deposit" of certain amounts. 7. After depositing the amount with the Excise Department, the appellants filed a miscellaneous application before the Tribunal for restoration of their appeals .....

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