2010 (6) TMI 871 - AT - Central Excise

Maintainability of appeal - pre-deposit - Modification of Stay Order - Valuation - Held that - This very same argument had been raised during the hearing of the stay petition and has been considered in para 2 of the stay order. The applicants are now seeking to reargue the application which is not permissible in law - modification of stay order declined - appeal dismissed for non-compliance with the statutory requirement of Section 35F of the Central Excise Act, 1944.

Summary

The Appellate Tribunal CESTAT CHENNAI declined to modify the Stay Order directing a pre-deposit of Rs. 1 crore, as the argument had already been considered and rearguing was not permissible. The appeal was dismissed for non-compliance with Section 35F of the Central Excise Act, 1944.