Custom, Excise & Service Tax Tribunal
Api Equipments & Engineers Pvt Ltd vs Commissioner Of Central Excise, Pune ... on 21 August, 2012
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
WEST ZONAL BENCH AT MUMBAI
COURT NO. I
Appeal No. E/1547/11
(Arising out of Order-in-Original No. 02/CEX/2011 dated 22.07.2011 passed by Commissioner of Central Excise, Pune III.)
For approval and signature
Honble Mr.S.S. Kang, Vice President
Honble Mr. Sahab Singh, Member (Technical)
1. Whether Press Reporters may be allowed to see : No
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 :Yes CESTAT (Procedure) Rules, 1982 for publication
in any authoritative report or not?
3. Whether Their Lordships wish to see the fair copy : Seen
of the Order?
4. Whether Order is to be circulated to the Departmental : Yes
authorities?
API Equipments & Engineers Pvt Ltd
Appellant
(Represented by: Mr. Sameer V. Kale, Advocate)
Vs
Commissioner of Central Excise, Pune III
Respondent
(Represented by: Mr.Amand Shah, Additional Commissioner (A.R. ) CORAM:
Honble Mr.S.S. Kang, Vice President Honble Mr. Sahab Singh, Member (Technical) Date of Hearing : 21.08.2012 Date of Decision: 21.08.2012 ORDER NO..
Per: S.S. Kang
1. When the case was called none appeared on behalf of the appellant. The Tribunal vide stay order dated 21.5.2012 directed the appellant to deposit the amount of duty confirmed by the adjudicating authority. The appellant has not complied with the condition of the stay order. The appellant vide letter dated 10.8.2012 made a request for extension of time.
2. As the appellant has not complied with the stay order, therefore, the appeal is dismissed for non compliance to the provisions of Section 35F of the Central Excise Act, 1944.
3. The appellant shall have the liberty to apply for restoration of the appeal in case the appellant deposit the amount within a period of eight weeks.
(Dictated in Court.) (Sahab Singh) Member (Technical) (S.S. Kang) Vice President rk 2