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2015 (6) TMI 263 - CESTAT CHENNAI

2015 (6) TMI 263 - CESTAT CHENNAI - TMI - Leviability of interest - Held that:- Adjudication order which gave rise to the demand of duty to the extent confirmed by Tribunal, becomes enforceable demand. Only if that demand is not paid, then there shall be levy of interest. But that is not the case in the present appeal. The demand which was ultimately reduced by Tribunal having been discharged by appellant there shall be no interest liability. - Proposition of law stated by learned counsel, forti .....

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t appeal was dismissed for non-appearance of the counsel who is 88 years old. The appeal having merit, dismissal thereof for non-prosecution without going into the merit shall be contrary to law laid down by the apex court in the case of Balaji Steel Re-Rolling Mills Vs. CCE - 2014 (310) ELT 209 (SC). 2. Perusal of the order dated 6.5.2014 shows that because the appeal was old and none appeared that was dismissed ex-parte. 3. To do justice to both sides restoration of appeal is warranted for whi .....

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