TMI Blog2016 (7) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... needs to be allowed and we allow the application subject to the payment of cost of ₹ 25,000/- to the respondent and further we direct the appellant to comply with the direction of predeposit of ₹ 30,00,000/-within a period of four weeks from the date of receipt of certified copy of this order. - Appeal to be restored subject to above conditions. - E/ROA/20165-20167/2015 in E/543-545/2006-DB - Stay Order/Misc Order No:20225-20227/2016 - Dated:- 8-6-2016 - S.S Garg, Judicial Member and Shri Ashok K. Arya, Technical Member Ms Nisha Bineesh, Adv - For the Appellant Mr. N. Jaadish, A.R. - For the Respondent ORDER The appellant/applicant has filed an application seeking restoration of appeals which were dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 1,62,46,992/- being the central excise duty payable for the period 01.7.1999 to 08.07.2003 under Rule 9(2) of Central Excise Rules and also imposed equal penalty under Section 11AC on the 1st Appellant and seized the decorative plywood valued at ₹ 91,50,211/- with option to redeem them for a fine of ₹ 4,00,000/-. Thereafter the appellant filed an appeal before the Tribunal and the Tribunal vide its stay order No 1175-1179/2006 dated 27.10.2006 directed the appellant to predeposit an amount of ₹ 30,00,000/-. The plea of financial hardship was not considered and the huge amount was imposed on the appellant for no wrong of theirs and thereafter the appellant could not continue production and the company has sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the amount confirmed against the appellants were not wholly payable by them. She also submitted that there is series of decisions of the Apex Court which held that appeal would not be dismissed for want of predeposit but only on merits. She also submitted that the appellants are now ready to comply with the direction of the Tribunal directing the appellant to predeposit a sum of ₹ 30,00,000/- and the appellant may be permitted to deposit the said amount now and the appeal may be restored and may be decided on merits. In support of this application she has furnished affidavit of one Smt Bharathi Sutaria, Managing Director of the Company and in the affidavit also the applicant has put forth her request for depositing ₹ 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District Raigad on 24th July,2014. By imposing suitable conditions, the appellants appeal could have been restored to file for disposal on merits in accordance with law. We propose to adopt such a course and dispose of this appeal since the appellant has already deposited the Demand Draft in the sum of ₹ 10,00,000/- as evidenced by the letter. Copy of the same is placed before us along with covering letter. Let the same be encashed by the Department. Additionally and for the delay caused, let the appellant pay cost quantified at ₹ 25,000/- to the respondent. If the costs are paid within a period of two weeks from the receipt of copy of this order, the Tribunal shall restore and revive the appeal and hear it on merits and in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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