2017 (4) TMI 40

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..... anam for Mr. Sanjeev Johari For the Respondent : Mr. Vipul Singhvi JUDGMENT While adjudicating a Service Tax Stay Petition, the Custom, Excise and Service Tax Appellate Tribunal, under an order dated 19.11.2014, passed an interim order, subject to pre-deposit, a statutory condition precedent for entertaining an appeal. Aggrieved by the condition referred above, the petitioner preferred a petiti .....

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..... nstant appeal is preferred. Having considered facts of the case, we are satisfied that this appeal involves a substantial question of law in terms that: "Whether the Custom, Excise and Service Tax Appellate Tribunal, under its order dated 17.07.2015, is justified by dismissing the appeal in light of default clause under order dated 19.11.2014?" Admit. No need to issue notice as the parties ar .....

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..... be deposited, therefore, some delay occurred in the matter. In the entirety, just to meet the ends of justice without examining the question formulated, we deem it appropriate to dispose of this appeal by setting aside the order dated 17th of July, 2015 with a direction to the Tribunal to hear and decide the appeal pending before it on merits by providing one more opportunity to the appellant to .....

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