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2015 (10) TMI 272 - CESTAT CHENNAI

2015 (10) TMI 272 - CESTAT CHENNAI - TMI - Non-fulfilment of pre-deposit condition – Non-compliance of High Court’s order – Vide tribunal's order appellant was directed to pre-deposit amount within period of 4 weeks – Appellants appeal before High Court was dismissed however extended time for compliance on 24.8.2015 – It was submitted that as High Court dismissed their CMA and upheld Tribunal order therefore Tribunal order got merged with High Court order – Held that:- In view of High Court's or .....

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And Hon ble Shri P. K. Choudhary, Judicial Member,JJ. For the Appellant : Shri H. S. Hredai, Advocate (Proxy) For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per R. Periasami Vide this Tribunal's MISC Order No.40718/2015 dt. 6.5.2015, the appellant was directed to predeposit ₹ 25 lakhs within a period of 4 weeks and compliance was posted on 15.6.2015. Subsequently, the matter was fixed on 3.8.2015 and the learned Advocate Shri H.S. Hredai appeared and informed the Bench that the .....

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bmits that appellant have not complied with the Hon'ble High Court's order and informed orally that they have filed a S.L.P. against the High Court's order. 3. The Ld. A.R submits that since the Hon'ble High Court dismissed their CMA and upheld the Tribunal order and the appellants not compiled the High Court order she submits that the Tribunal order got merged with the Hon'ble High Court order. 4. After hearing from both sides, we find that this Bench vide Misc Order No.4071 .....

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e goods i.e. two consignments of Polyester Fabrics admeasuring 80465.24 Mtrs (93265.4 SQM) valued at ₹ 15,15,314/- (PMV ₹ 49.66 Lakhs) imported in the name of M/s.Narayan Impex under B/E No.883275 & 883276 both dated 29.02.2005 and placed under seizure at Chennai Sea Port should not be confiscated under 111 (o) of the customs Act, 1962 ii) The appropriate Customs duty leviable on the said seized goods should not be demanded and recovered from them along with interest in terms of .....

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