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2015 (8) TMI 541 - CESTAT KOLKATA

2015 (8) TMI 541 - CESTAT KOLKATA - TMI - Waiver of pre deposit - Subsequent deposit of tax - Held that:- Commissioner (Appeals) dismissed the appeal on the ground of default in making pre-deposit. We find that the appellant had subsequently deposited the entire amount of service tax, which in our opinion is sufficient to hear their appeal. Consequently, we remand the matter to the Ld. Commissioner (Appeal) for deciding the issue afresh, on merit, without insisting for any pre-deposit - Decided .....

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e to the accident of the son-in-law of the consultant, appointed to draft the appeal, the appeal could not be prepared in time. In support of the said facts, the Ld. C.A. placed doctors certificate dated 31/01/2013. 3. Ld. A.R. for the Revenue has no objection. 4. In view of the reasons explained in the application supported by medical certificate, the delay caused deserves to be condoned. Accordingly, the same is condoned. At this stage, the Ld. C.A. requested to take up the stay application it .....

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