Custom, Excise & Service Tax Tribunal
Real Fab India Pvt. Ltd vs Commissioner Of Central Excise, ... on 17 February, 2014
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL SOUTH ZONAL BENCH BANGALORE Final Order No. 20289 / 2014 Appeal(s) Involved: ST/2779/2011-DB [Arising out of Order-in-Original No. 30/2011 dated 20/05/2011 passed by the Commissioner of Central Excise, Customs & Service Tax, Visakhapatnam] Real Fab India Pvt. Ltd. D.No.48-10-25, Flat No.002, Sri Shyam Enclave, Srinagar, Dwarakanagar, Visakhapatnam - 530 016 Appellant(s) Versus Commissioner of Central Excise, Customs and Service Tax - Visakhapatnam-I Central Excise Building Port Area Visakhapatnam - 530 035 Andhra Pradesh Respondent(s)
Appearance:
Mr. Kirthi, Advocate Swamy Associates G-8, Fortuna Icon Apartments, Jodidhar Aswathappa Farm, Behind Nagarjuna, Sahakar Nagar, Bangalore - 560 092 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: 17/02/2014 Date of Decision: 17/02/2014 Order Per: B.S.V. MURTHY In this appeal appellants were directed to deposit an amount of Rs. 67.25 lakhs vide Miscellaneous Order No. 28314/2013 dated 30.12.2013 and report compliance on 17.02.2014 i.e. today. Today when the matter was called it is submitted by the learned counsel that he has not got any details of payment of pre-deposit. Therefore there is no compliance with the requirement of pre-deposit as ordered by the Tribunal. Accordingly the appeal is liable to be dismissed for non-compliance to the Stay Order in accordance with provisions of section 35F of Central Excise Act, 1944 made applicable to service tax matters. Accordingly the appeal is dismissed. (Order dictated and pronounced in open court) (S.K. MOHANTY) JUDICIAL MEMBER (B.S.V. MURTHY) TECHNICAL MEMBER iss