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TMI Blog2010 (5) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... equently, restoration applications were filed by the company and its Director and the same were allowed on terms vide Order – Held that: - The appeal of the Director should not have been dismissed on the ground on which the appeal of the company was dismissed - Director of the company is liable to be restored and his stay application requires to be reconsidered on merits - we allow the present app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany, there would be waiver of the penalties imposed on the company and its Director. The company did not deposit the amount, and consequently, their appeal came to be dismissed on 27-11-02 for want of compliance with Section 129E of the Customs Act vide Order No. C-I/4098-99/WZB/2002, dated 4-12-2002. In this context, it is pertinent to say that the Director's appeal was dismissed on the same gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench. Today, only application by the Director of the company is before us. The learned Counsel for the applicant submits that he was not asked to pre-deposit any amount and, therefore, it was not correct in the part of the Tribunal to dismiss his appeal for non-compliance with Section 129E. According to the learned Counsel, the appeal filed by the Director of the company should not have been dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, we directed the company to pre-deposit an amount and also clarified that, in the event of such pre-deposit by the company, there would be waiver and stay in respect of the penal ties imposed on the company and its Director. Obviously, the benefit of waiver and stay granted to the Director was contingent upon the conduct of the company. If the company would deposit the amount, its Director woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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