TMI Blog2018 (3) TMI 1545X X X X Extracts X X X X X X X X Extracts X X X X ..... n made, though belatedly. In the circumstances, the delay in making the pre-deposit is condoned. Appeal is restored to its original number. - Excise Misc.(ROA) No.51486 of 2014 & Excise Appeal No.3935 of 2010 - M/50075/2018 - Dated:- 21-2-2018 - Mr. Dr. Satish Chandra, President And V. Padmanabhan, Member (Technical) (Rep. by Sh. V.K. Bindal, Auth. Rep Ms. Sujata Shirolkar, Adv.) for the Appellant (Rep by Sh. H. Saini, DR Sh. Satya Veer Singh, SIO., DGCEI) for the Respondent ORDER Per: (Dr.) Satish Chandra The present Misc. Application is filed by the assessee-Appellants for Restoration of the Appeal. 2. The brief facts of the case are that, the assessee-Appellants have filed the appeal against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Kumar Bindal, learned representative for the assessee-Appellants, who submits that, due to paucity of funds, the pre-deposit could not be made within the prescribed time. He also submits that as per the direction of the Hon'ble Supreme Court, all the properties were attached by the Income Tax Department. It was only in the month of March, 2017 finally, the assessee-Appellants' case was decided in their favour by the ITAT and refunds were made in December, 2017. Out of such refunds, the pre-deposit of 25%, as directed by the Tribunal, was made on 09.01.2018. 7. He further submits that the order of pre-depositing the 25% of the penalty amount was never assailed by them before any appellate/higher forum. In these circumstances, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of the Income Tax Act and shall be entitled to sell the same. If there are any secured creditors in respect of these properties, such attachment and sale shall be subject to the rights of those creditors. Out of the proceeds, the Principal amount of tax due to the Income Tax Department and even the admitted excise dues shall be paid to the Revenue. Insofar as payment of interest and penalty is concerned, that would be dependent upon the decision which the Board would give. He further submits that, in the light of above order of Hon ble Supreme Court, the assessee-Appellants t plea for Restoration of Appeal on the ground of BIFR order dated 17.01.2014 for providing bank guarantee from Canara Bank is not sustainable. Since, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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