9911796707
TMI Blog2008 (3) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Appellate Tribunal at Ahmedabad on stay application under Section 35F of the Central Excise Act, 1944 and the consequential order of dismissal of the appeals on the ground of non-compliance with the condition stipulated in the stay order, it is not necessary to set out all the facts in detail. 3. When the petitioners' stay application was heard on 25-4-2007, the petitioner offered to deposit an amount of Rs. 10 lacs as a condition of pre-deposit. The Tribunal accordingly passed order dated 26-4-2007 directing the petitioners to deposit an amount of Rs. 10 lacs towards duty within a period of 12 weeks and report compliance on 26-7-2007. Subject to deposit of the above amount, pre-deposit of the balance amount of duty and entire penalty i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also including the Bank Guarantee of Rs. 2.75 lacs which was tendered along with application dated 17-10-2007. When both the applications dated 17-10-2007 and 19-11-2007 came up for hearing before the Tribunal, by order dated 5-12-2007, the Tribunal rejected the applications for modification on the ground that the petitioners had failed to deposit the balance amount of Rs. 7.75 lacs in cash. The Tribunal also dismissed the appeals on the ground of non-compliance of the stay order within stipulated period. The petitioners have therefore approached this Court for challenging the aforesaid order dated 5-12-2007. 5. Mr. Mihir Joshi with Mr. Hakim for the petitioners has submitted that the petitioner Unit is closed since 2001 and in view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner had already furnished a Bank Guarantee for further amount of Rs. 2.75 lacs on 17-10-2007, we have permitted the petitioners to make deposit towards duty demanded by Order in Original to the extent of Rs. 5 lacs including the Bank Guarantee of Rs. 2.75 lacs which shall be submitted before the Tribunal by 19-3-2008. The remaining amount of Rs. 5 lacs towards the duty shall be paid in cash within a period of one month from today. 9. In view of above discussion, the impugned order dated 5-12-2007 of the Tribunal is set aside and the Bank Guarantee for total amount of Rs. 5 lacs plus deposit of Rs. 5 lacs in cash in the aggregate Rs. 10 lacs in all shall be treated as the pre-deposit under Section 35F of the Act. Subject to payment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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