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M/s. AIA Engineering Limited Versus Commissioner of Central Excise & S.T. Ahmedabad

Pre-deposit - Section 35F (iii) - Maintainability of appeal - Held that: - as clarity in this respect was lacking, according to the appellants, and it was set to rest only recently by the decision in ASR Multimetral Pvt. Limited [2016 (10)946 - CESTAT AHMEDABAD], we find it would be fair to grant liberty to the appellants to make the payment of 10% within two weeks from the date of receipt of this order and submit proof of the same to the Registry, in which case the appeals will stand restored - .....

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10% of the duty/ penalty as per the provisions of Section 35F (iii) and hence it was contended that the appeals are not maintainable. The Bench, at that time, had given time to the appellants to confirm/ comply that they have paid 10%, and adjourned the matter to this day. He submits that appellants have still not paid the amount of 10% and therefore contends that the appeals are not maintainable. 3. On the other hand, the ld. Counsel for the appellants submits that the issue whether they have .....

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