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2015 (12) TMI 534 - CESTAT MUMBAI

2015 (12) TMI 534 - CESTAT MUMBAI - TMI - Restoration of appeal - Appeal dismissed for non compliance with pre deposit order - Held that:- Predeposit direction made on 8.6.2012 not being carried out in accordance with law by appellant nor the appellant appeared on 30.7.2012 to explain the position of default of compliance to the Bench, appeal was dismissed. After one year, the restoration application came to record of Tribunal. Even on the date of filing of restoration application, the appellant .....

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5 - Dated:- 30-4-2015 - Shri D.N. Panda, Judicial Member And Shri R. Periasami, Technical Member For the Petitioner : Shri R. Janardhanan Pillai, Consultant For the Respondent : Shri B. Balamurugan, AC (AR) ORDER Per D.N. Panda Ld. consultant submits that under wrong advice of the counsel, complying to the predeposit order dt. 8.6.2012, the directed amount was paid by appellant making adjustment from cenvat account on 13.7.2012. Again on further wrong advice of the counsel, the appellant made th .....

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lication for restoration was filed on 16.8.2012 which was dismissed by Tribunal on 9.7.2013 for non-prosecution. Again the appellant filed application for ROA on 8.8.2013. When the matter came before the Tribunal on 30.10.2013, ld. DR for the department pointed out to the Bench of the Tribunal that adjustment from cenvat credit account of one M/s.Dynamatic Technologies Ltd. was made and that concern was not the appellant in stay order of the Tribunal. Upon the question as above raised by Revenue .....

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