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Rakesh Construction Company Versus Commissioner of Central Excise and Service Tax, Jaipur-I

2016 (7) TMI 723 - RAJASTHAN HIGH COURT

Restoration of appeal - appeal was dismissed in absence of fulfilling the condition to pre-deposit under section 35-F of the Act - Held that:- During pendency of the present appeal, appellant deposited entire amount of ₹ 5.50 lac towards pre-de .....

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impugned order is set aside and if appellant has already deposited the amount of ₹ 5.50 lac, the Tribunal is directed to hear and decide the appeal on merit after its restoration. - DB Central Excise (Service Tax) Appeal No. 20/2013 - Dated:- 1 .....

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Excise & Service Tax Appellate Tribunal, New Delhi. On an appeal before the Tribunal, an order was passed under section 35F of the Central Excise Act, 1944 for pre-deposit. The appellant was directed to deposit a sum of ₹ 5.50 lacs towards .....

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his appeal was preferred and during pendency thereof, an order was passed by this court on 20.11.2013, wherein, counsel for the appellant sought time to seek instructions from his client to find out as to whether he is inclined to deposit 50% of the .....

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6.10.2014. In view of fulfilling the condition of pre-deposit, prayer is to restore the appeal for its hearing on merit. Learned counsel for the revenue submits that compliance of pre-deposit should have been made on or before 4.12.2012, in absence o .....

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at on filing of the appeal before the Tribunal, an order was passed on 4.10.2012 directing the appellant to deposit a sum of ₹ 5.50 lac tpwards pre-deposit. The compliance report was to be made by 4.12.2012. The appellant failed to carry out th .....

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