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2011 (11) TMI 209

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..... eal may be restored – Decided in favor of assessee. - E/1600/2009 - - - Dated:- 21-11-2011 - MR. B.S.V. MURTHY, J. Represented by: Shri R.Srova, A.R. for the Revenue. Per: Mr.B.S.V. Murthy: When this application for restoration of appeal was called, nobody appeared for the appellants nor is there any adjournment request. 2. In this case, vide Order No.S/382-383/WZB/AHD/2 .....

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..... o make balance payment in installments of Rs.25,000/- (Rupees Twenty Five Thousands only) was accepted by the Tribunal and directed accordingly. However, taking note of the fact that the appellant did not deposit the installments, the appeal was dismissed for non-compliance vide Order No.A/618/WZB/AHD/2011, dt.25.3.11. Thereafter, the appellant filed an application for restoration of appeal, stati .....

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..... stallment of Rs.23,127/- for the month of August 2011 having been paid vide GAR-7 Challan Sr.No.00003, dt.30.8.11 and have submitted that as they have fulfilled the requirement of pre-deposit as ordered by Tribunal, their appeal be restored. 3. Having regard to the facts and circumstances of the case and taking note of the fact that the appellant company have deposited 50% of the penalty as dir .....

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