Custom, Excise & Service Tax Tribunal
M/S Hindusthan Steel Works ... vs Commr. Of Central Excise, Customs & ... on 13 October, 2009
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, EAST REGIONAL BENCH : KOLKATA
S.T. Appeal No. 110/08
Arising out of Order in Original No.Commr/BBSR I/ST-10/2008 dated 31.3.2008 passed by Commr. of Central Excise, Customs & S.Tax, BBSR I.
For approval and signature:
SHRI S. S. KANG, HON'BLE VICE PRESIDENT
SHRI M. VEERAIYAN, HON'BLE TECHNICAL MEMBER
1. Whether Press Reporters may be allowed to see
the Order for publication as per Rule 27 of the
CESTAT (Procedure) Rules, 1982? :
2. Whether it should be released under Rule 27 of the
CESTAT (Procedure) Rules, 1982 for publication
in any authoritative report or not? :
3. Whether His Lordship wishes to see the fair copy
of the Order? :
4. Whether Order is to be circulated to the Departmental
Authorities? :
M/s Hindusthan Steel Works Construction Ltd.
...APPELLANT(S)
VERSUS
Commr. of Central Excise, Customs & S.Tax, BBSR I.
RESPONDENT (S)
APPEARANCE Shri N. K. Chowdhury, Advocate, for the Appellant (s) Shri M. B. Bol, JDR for the Department CORAM:
SHRI S. S. KANG, HON'BLE VICE PRESIDENT SHRI M. VEERAIYAN, HON'BLE TECHNICAL MEMBER Date of hearing & decision : 13. 10. 2009 ORDER NO......................................................................................... Per Shri S. S. Kang :
When the matter was called, ld. Advocate appearing for the appellants submitted that the appellants are making effort to make deposit as per the condition of the stay order. We find that the Tribunal vide Order dated 20.4.2009 directed the appellants to deposit an amount of Rs.20.00 lakhs (Rupees twenty lakhs only) out of total demand of Rs.86,73,683/- and penalties and compliance was to be reported on 29.6.2009. As the considerable time has been passed and the appellants had not complied with the condition of the stay order, therefore, the appeal is dismissed for non-compliance with the provisions of Section 35F of the Central Excise Act. However, in case, the appellants make deposit as per the stay order within a period of six weeks, the appellants can ask for restoration of the appeal.
(Dictated and pronounced in the open Court)
Sd/ Sd/
( M. VEERAIYAN ) ( S. S. KANG )
TECHNICAL MEMBER VICE PRESIDENT
mm
2
S.T.Appeal No.110/08