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2016 (3) TMI 391 - MADRAS HIGH COURT

2016 (3) TMI 391 - MADRAS HIGH COURT - TMI - Validity of Tribunal's order - Appeal dismissed for non-compliance of stay order and directed to deposit a sum of ₹ 1 crore - Held that:- as the bank guarantee furnished by the appellant, for ₹ 1,63,03,455/-, on 14.7.2014 and for ₹ 17,78,249/-, on 19.7.2014, had been encashed by the Department, therefore, the Tribunal's order is set aside. - Decided in favour of the appellant - C.M.A. No. 2041 of 2015 - Dated:- 22-1-2016 - M Jaichand .....

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ed by this Court, dated 21.4.2014, in W.A.No.2592 of 2012, directing the appellant to deposit a sum of ₹ 1.00 Crore, within a period of eight weeks from the date of the said order. 2. The present Civil Miscellaneous Appeal had been filed by the appellant raising the following substantial questions of law: "1. Whether the tribunal was correct in refusing to restore the appeal of the appellant on the ground that it has no jurisdiction to entertain the appeal, even when the facts on reco .....

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ion, since the revenue has already encashed the said Bank Guarantee of ₹ 1.81 crores and additionally collected ₹ 62 lakhs leaving only the balance of ₹ 37 lakhs to be remitted by them and which they could not remit due to the undue financial hardship experienced by them, before drawing the conclusion that they had not jurisdiction to entertain the petition seeking restoration of their appeal? 3. Whether the Tribunal was correct in relying upon the judgment of the Hon'ble S .....

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