TMI Blog2017 (2) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... osit prescribed under the said provision in any manner - the applicants directed to deposit 71/2 % of duty confirmed in each of the Appeals - appeal dismissed - decided against appellant. - Stay, 10372 - 10373 of 2016 in And Customs -10897 - 10898 of 2016-DB - 10053-10054/2017 - Dated:- 23-1-2017 - Dr. D.M. Misra, Member (Judicial) And Mr. Ashok K. Arya, Member (Technical) Present Shri Dha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E of the Customs Act, 1962, with effect from 06.8.2014, requiring the appellant to deposit 7 1/2 % of the duty to pursue their appeals before this forum, the Tribunal has authority to waive pre-deposit of the said amount in view of aforesaid order of the High Court. 3. Ld. A.R. for Revenue on other hand has brought to our notice that while remanding the matter to the Tribunal, the Hon ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be accepted without raising objection on limitation. At this stage, Counsel for the petitioners submitted that the petitioners would be filing applications before the Tribunal for stay, which we are sure, the Tribunal will decide in accordance with law. 5. The direction of the Hon ble High Court is clear like day light. In the said order, the Hon ble High Court directed the Tribunal to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section (1) of section 129A, unless the appellant has deposited seven and a half per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against; (iii) against the decision or order referred to in clause (b) of sub-section (1) of section 129A, unless the appellant has deposited ..... X X X X Extracts X X X X X X X X Extracts X X X X
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