9911796707
TMI Blog2016 (8) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... llant. Shri Sanjay Hasija, Superintendent (AR), for the Respondent. ORDER [Order per : Anil Choudhary, Member (J)]. - The appellant a municipality have filed the present restoration application for restoration of their appeal dismissed for non-compliance of pre-deposit order dated 5-3-2015. The Miscellaneous Application is filed for early hearing of the restoration application in view of the at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal was dismissed on the same day for non-compliance. Soon after dismissal of the appeal the revenue collected an amount of Rs. 88,22,574.80/- from the appellant by attaching the bank accounts which is more than the tax in dispute. In view of the recovery made by the revenue the appellant filed the present restoration application on 28 July, 2015 for restoration of their appeal. 3. The ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and also relies on the ruling of co-ordinate Bench of this Tribunal in S.G. International v. CCE - 2008 (232) E.L.T. 450 wherein restoration was denied under the fact that the appellant had paid some amount after more than five years of dismissal of the appeal. The ld. Counsel also relies on the ruling of the Allahabad High Court, Kamrup Industrial Gases Ltd. v. CEGAT, New Delhi reported in 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al to its original number. The Miscellaneous Application also stands allowed. We further direct that the revenue shall not effect any more recovery during pendency of this appeal. If any attachment orders are in effect as on today, all such orders are ordered as withdrawn with immediate effect. We also notice that the issue is covered by precedent decisions of this Tribunal and accordingly we fix ..... X X X X Extracts X X X X X X X X Extracts X X X X
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