Custom, Excise & Service Tax Tribunal
M/S Escorts Construction Equipment Ltd vs Cce, Delhi Iv on 6 November, 2009
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL West Block No. 2, R.K. Puram, New Delhi 110 066. Principal Bench, New Delhi COURT NO. I DATE OF HEARING : 06/11/2009. DATE OF DECISION : 06/11/2009. Excise Appeal No. 249 of 2009 M/s Escorts Construction Equipment Ltd. Appellants Versus CCE, Delhi IV Respondent
Appearance Shri Krishan Agarwal, Advocate for the Appellants. Shri R.K. Verma, Authorized Representative (JDR) for the Respondent. CORAM : Honble Justice R.M.S. Khandeparkar, President Honble Shri P. Karthikeyan, Member (Technical) Order No. ________________ Dated : ,,,,,,,,,,,_____________ Per. Justice R.M.S. Khandeparkar :-
Heard the learned advocate and JDR. Undisputedly sufficient time has been granted to deposit the entire amount in terms of the order passed under Section 35F of the Central Excise Act and admittedly the appellants had not deposited the interest amount. There is no stay granted by the Honble High Court and it is apparent in the Honble High Court the matter was adjourned at the request of appellant concern. In these circumstances, the consequences contemplated under the statutory provisions on account of failure to deposit the required amount are bound to follow. Before passing any order, an opportunity is granted to the appellants to satisfy the Tribunal why the appeal should not be dismissed on that ground. For that purpose, the matter to be listed for 23rd of November 2009.
(Justice R.M.S. Khandeparkar) President (P. Karthikeyan) Member (Technical) PK