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2003 (6) TMI 365

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..... per : V.K. Agrawal, Member (T)]. This is an application by M/s. Shreewood Products Pvt. Ltd. for restoration of their appeal which has been dismissed by the Tribunal vide Final Order No. A/538/99-NB(DB), dated 28-6-1999 for non-compliance with the provisions of Section 35F of the Central Excise Act. 2. Shri Rakesh Malhotra, learned Advocate, submitted that the present application for rest .....

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..... Appellate Tribunal, the department has to initiate steps to realise the dues from the appellants; that such steps taken by Revenue cannot be treated as compliance with the Stay Order passed by the Tribunal. She further mentioned that even the Supreme Court has dismissed their SLP against the dismissal of their appeal due to non-compliance of pre-deposit condition. She finally submitted that even t .....

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..... 86/- duty confirmed against them and Rs. 2.5 lakhs towards penalty out of total penalty of Rs. 10 lakhs imposed on them on or before 12-8-98. They were to report compliance on 20-8-98. Subsequently, Tribunal directed on 10-2-99 to issue a show cause notice to the applicant as to why their appeal be not dismissed for non-complying with the Tribunal s Order dated 21-5-98. The Tribunal finally vide F .....

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