Custom, Excise & Service Tax Tribunal
M/S.St. Roch Enterprises vs Cce, Chennai Ii on 8 June, 2015
IN THE CUSTOMS, EXCISE & SERVICE TAX
APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI
E/40702/2014
(Arising out of Order-in-Original No.1/2014 dated 16.1.2014 passed by the Commissioner of Central Excise, Chennai - II)
M/s.St. Roch Enterprises Appellant
Vs.
CCE, Chennai II Respondent
Appearance Shri Justin, Proprietor for the Appellant Shri K.P. Muralidharan, AC (AR) for the Respondent CORAM Honble Shri R. Periasami, Technical Member Honble Shri P. K. Choudhary, Judicial Member Date of Hearing / Decision: 08.06.2015 Final Order No. 40617 / 2015 Per R. Periasami Vide Misc. Order No. 42471 & 42472/2014 dated 23.12.2014, the appellants were directed to make predeposit of Rs.20,00,000/- in four equal monthly instalments of Rs.5 lakhs each and to report compliance on 5.5.2015. When the matter was called on 5.5.2015 for compliance, learned counsel for the appellant submitted that the appellants have not complied with the stay order but have filed miscellaneous application for modification of the stay order. The miscellaneous application for modification of the stay order was disposed vide Misc. Order No. 40700/2015 dated 5.5.2015 extending the period of compliance by one month and to report compliance today. Today, proprietor of the firm submits that they have not complied with the stay order. He submits that they have written a letter dated 18.5.2015 addressed to M/s.Voltas Ltd. asking them to pay the money. However, no reply has been received from M/s. Voltas Ltd. The appellant failed to comply the predeposit and not paid any amount.
2. Accordingly, the appeal is dismissed for non-compliance of the stay order dated 23.12.2014 under Section 35F of the Central Excise Act, 1944.
(Dictated and pronounced in open court)
(P.K. CHOUDHARY) (R. PERIASAMI)
Judicial Member Tehnical Member
Rex
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