TMI Blog2009 (1) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellant. Shri S. Shah, DR, for the Respondent. [Order per : D.N. Panda, Member (J)]. While the order was in process of issue, Registry noticed that the application dated 1-12-2008 was the basis of the order passed on 2-12-2008. But that was neither numbered nor the appellant has paid filing fees in respect of such application. When it was brought to our notice on 15-1-2009, we h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Adjudication. This adjustment was done after the adjudication order was passed on 22-10-2007. This aspect was considered by the lower Appellate Authority for which he disposed of the appeal on 9-6-2008 granting waiver of pre-deposit. But such a factual position not being placed before Tribunal, the Appellant was directed for making pre-deposit of duty amount of Rs. 1,93,249/-. Shri Garg furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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