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M/s. Classic Builders Madras Pvt. Ltd. Versus. Commissioner of Service Tax, Chennai

2015 (10) TMI 2489 - CESTAT CHENNAI

Restoration of appeal - Appeal dismissed for non-compliance - Appellant submitted that the balance of ₹ 37 lakhs having been deposited in various installments - Held that:- applicant invites attention for sympathy but the Tribunal is helpless b .....

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0-2015 - Shri D.N. Panda, Judicial Member & Shri R. K. Singh, Technical Member Shri G. Natarajan, Advocate for the Appellant Shri K.P. Muralidharan, AC (AR) for the Respondent Per D.N. Panda It is earnestly submitted by the appellant that it is a .....

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it and to report for compliance on 27.6.2013. The appellant partially complied to that order making deposit of ₹ 15 lakhs. Thereby total compliance to the stay order was not made. Therefore, it came to the Tribunal on 27.6.2013 to seek extensio .....

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o Division Bench of the Tribunal. The matter was thereafter fixed for 9.10.2013. On that day, the appellant expressed its financial difficulties for which the Bench was pleased to grant time upto 22.10.2013. The appellant was making arrangement to ge .....

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compliance. 2.The aforesaid factual background with the result of dismissal of appeal affected right of the appellant to seek appeal remedy since predeposit is mandatory condition of law to enter into appeal. Appellant fairly agrees that such a condi .....

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in installments. That did not get any leniency before the Tribunal for which the appellant was negatively answered. 3.With the background aforesaid, appellants submission today is that the balance of ₹ 37 lakhs having been deposited in variou .....

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d perused the records. 6.Although the facts narrated above by the learned counsel invites attention for sympathy. Tribunal is helpless becoming functus officio after passing an order. Therefore, restoration of the appeal is beyond its scope being a c .....

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