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2015 (10) TMI 364 - MADRAS HIGH COURT

2015 (10) TMI 364 - MADRAS HIGH COURT - TMI - Waiver of Pre-deposit - Appeal dismissed for non compliance - Held That:- Once it is found that the parameters for deciding the application for a pre-deposit condition have been properly applied, no question of law arises for consideration before this Court in an appeal under Section 35 of the Central Excise Act, 1944 - However, time to make pre deposit extended - partial stay granted. - Civil Miscellaneous Appeal Nos.1521 and 1962 of 2015, M.P.Nos.1 .....

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rder passed by the CESTAT dismissing the appeal for non-compliance of the conditional order. 2. Heard Mr.Joseph Prabakar, learned counsel for the appellant. Mr.V.Sundareswaran, learned Senior Panel Counsel for the Central Excise Department takes notice for the second respondent. 3. By an order in original dated 05.09.2012, the Commissioner of Central Excise imposed upon the appellant, a levy of service tax to the tune of ₹ 1,10,51,325/- together with another levy of service tax to the exte .....

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014 was recalled on 27.08.2014 and the pre-deposit condition was modified to one of a direction to pay ₹ 40,00,000/-. The appellant was directed to make this deposit within a period of eight weeks. 5. Since the appellant did not comply with the conditional order, the Tribunal passed the consequential order of dismissal of the main appeal. Therefore, as against the conditional order dated 27.08.2014 and the consequential order of dismissal of the appeal by the CESTAT, the assessee has come .....

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