TMI Blog2016 (6) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 04.12.2015 to the applicants to produce proof of mandatory deposit. The applicant has not produced the proof of mandatory deposit till date after requesting the time. Therefore, after examining the provisions and the decision of this Tribunal in the case of M/s Kirti Industries vs. Commissioners of Central Excise, Customs and Service Tax-Silvasa [2015 (10) TMI 2451 - CESTAT AHMEDABAD], the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts. The Learned Authorised Representative for the Revenue submits that the appellants have not remitted the mandatory 7.5% of the duty as required under Section 35 F of the Central Excise Act, 1944, as amended. He therefore submits that the miscellaneous applications as well as the appeals should be dismissed outright. 3. On perusal of the records, we find that the registry of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise, Customs and Service Tax-Silvasa and the Tribunal after examining the provisions and case laws in detail has held in its order No. M/11208-11209/2015 dated 06.10.2015, that the Tribunal has no power to entertain the appeal, unless the appellant furnish proof of payment of mandatory amount under Section 35 F of the Act. The Tribunal in the said order directed the registry to return the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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