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M/s. A.K.R. Poly Industries (known as M/s. Sun Plastic Industry) Versus CCE, ST, Pondicherry

2015 (11) TMI 1153 - CESTAT CHENNAI

Restoration of appeal - Non compliance with pre deposit order - Held that:- Restoration of appeals will not costs any prejudice to either side. The Hon’ble High Court of Madras in the case of STC Technologies Pvt. Ltd. Vs. Cestat, Chennai (2015 (7) TMI 820 - MADRAS HIGH COURT) was pursuing the matter before the High Court and subsequently complied the pre-deposit and the appeal was allowed. The Hon’ble High Court of Bombay in the case of Quality Apparel Exporters Pvt. Ltd. Vs. CC (Exports) (2015 .....

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e restored to its original position - Conditional restoration done. - E/ROA/40636/2015 in E/479/2004 - MISC. ORDER No. 41208 / 2015 - Dated:- 15-9-2015 - Shri R. Periasami, Technical Member And Shri P.K. Choudhary, Judicial Member For the Petitioner : Shri T. Ramesh, Adv. For the respondent : Ms. Indira Sisupal, AC (AR) ORDER Per: P.K. Choudhary Vide Stay Order Nos. 285 & 286/2004 dated 16.06.2004, this Honble Tribunal was pleased to direct the applicants to pre-deposit R. 3,50,000/- within .....

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The writ petition as mentioned above was all along pending before the Hon ble High Court. 3. In the mean time, this Tribunal vide Final Order No. 07 & 08/2005 dated 28.12.2004, dismissed the appeals for want of compliance of predeposit. 4. Now, the Hon ble High Court has disposed the above mentioned writ petition on 09.04.2015 and held that against the stay orders passed by the Tribunal u/s 35 F of CEA, only CMA can be filed and the writ petition under article 226 is not maintainable. The w .....

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and came to know about it only on 03.07.2015 and obtained the copy of the order on 06.07.2015 and after depositing the balance amount of ₹ 2,50,000/- on 08.07.2015, have filed applications for restoration of appeals. He further submitted that the applicants writ petition all throughout was pending before the Hon ble High Court till the final order was passed on 09.04.2015, dismissing the writ petition. Since the applicants have complied with the stay order passed by the Tribunal, and als .....

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there is a gap of more than 10 years between the dismissal of appeals and the applications for restoration of appeals. She further submitted that since there is no specific direction by the Hon ble High Court with regard to restoration of appeals, the assessees applications should be rejected, keeping in view that the balance amount of ₹ 2,50,000/- has also been deposited only on 08.07.2015, which was originally ordered by this Tribunal on 16.06.2004. She relied on the decision of the Hon .....

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