Custom, Excise & Service Tax Tribunal
Shri Manjunatha Shipping Pvt. Ltd vs Commissioner Of Customs And Service ... on 19 August, 2014
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL SOUTH ZONAL BENCH BANGALORE Final Order No. 21345 / 2014 Appeal(s) Involved: C/806/2012-DB [Arising out of Order-in-Original No. 20/2011 dated 15/11/2011 passed by the Commissioner of Customs, Bangalore] Shri Manjunatha Shipping Pvt. Ltd. No.55, 5th Cross, Muniswamappa Layout, HAL 3rd Stage, Bangalore - 560 017 Appellant(s) Versus Commissioner of Customs and Service Tax, Bangalore C.R. Building, Queens Road, P.B. No. 5400, Bangalore 560 001 Karnataka Respondent(s)
Appearance:
Mr. H.Y. Raju, Advocate #999/30, 'Nithya Mansion', 1st Floor, 1st Main, 4th Cross, Vijayanagar, Bangalore-560 040 Karnataka For the Appellant Mr. N. Jagdish, AR For the Respondent CORAM:
HON'BLE SHRI B.S.V. MURTHY, TECHNICAL MEMBER HON'BLE SHRI S.K. MOHANTY, JUDICIAL MEMBER Date of Hearing: 19/08/2014 Date of Decision: 19/08/2014 Order Per: B.S.V. MURTHY In the Miscellaneous Order No. 20749/2014 dated 20.03.2014, the appellant was directed to deposit 50% of the penalty within 8 weeks and report compliance on 10.06.2014. A modification application was filed which was considered and an order was passed vide Miscellaneous Order No. 21350/2014 and the request for modification was rejected and appellant was directed to deposit the amount within 8 weeks and report compliance today.
2. Learned counsel submits that he has no instructions as regards the payment. Further he also submits that appellants have informed him that an appeal has been filed but no details have been given to him. Under these circumstances we find that there is no other option but to reject the appeal for non-compliance with the requirement of pre-deposit as per the Stay Order read with Section 129E of Customs Act 1962 and we do so. (Operative portion of the order has been pronounced in open court on 19.08.2014) (S.K. MOHANTY) JUDICIAL MEMBER (B.S.V. MURTHY) TECHNICAL MEMBER iss