TMI Blog2012 (11) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 19,51,315/- and equal amount of penalty in one case and duty of ₹ 5,81,003/- and penalty of ₹ 10,000/- and to report compliance on 12.09.2012 - application mot maintainable, dismissed. - Appeal Nos.Ex.Ap.180 & 181/10 - order No.M-604/KOL/2012 - Dated:- 5-11-2012 - Shri S.K. Gaule , Member(Technical) and Dr. D.M.Misra Shri Arijit Chakraborty, Advocate for the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posted for hearing on 24.04.2012. None appeared on that date. The case was adjourned to 24.05.2012. On 24.05.2012 none appeared. The case was adjourned to 10.07.2012. On 10.07.2012 also none was present. We also find that ld.Commissioner(Appeals) dismissed the appeals filed by the applicant/appellant for non-compliance with the provisions of section 35F of Central Excise Act, 1944. Thus applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Supreme Court in this regard in the case of Jesus Corporation referred to earlier. If the test is applied, the order is woefully lacking in the Tribunal having not exhibited its awareness to the requirements of proviso of Section 35F of the Act. It is also clear that the Tribunal after having exercised jurisdiction for the purposes of passing an order for waiver of pre-deposit under the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
