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2012 (10) TMI 228

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..... sp;[Order]. -  By this petition, the petitioner impugns the order passed by the Customs, Excise and Service Tax Appellate Tribunal on 7-5-2009 [2009 (242) E.L.T. 222 (Tribunal)] dismissing an application filed by the petitioner for restoration of the appeal by setting aside the order dated 5-11-2007 dismissing the same in default. 2. It appears that an appeal was filed before the Custo .....

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..... efore 5-10-2007. When the matter came up for hearing before the Tribunal on 5-11-2007, none appeared on behalf of the petitioner and as there was no compliance of the order dated 18-5-2007 and 20-8-2007, the appeal was dismissed for non-compliance. The petitioner filed an application for restoration of the appeal, but the same was dismissed by an order dated 25-6-2008. After the dismissal of the p .....

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..... not prosecuted diligently by the petitioner, dismissed the application filed by the petitioner as there was absence of sufficient cause in not depositing the amount of Rs. 9,00,000/- before the Tribunal in terms of the orders dated 18-5-2007 and 20-8-2007. Though, the appeal was dismissed by an order dated 5-11-2007, the present application was filed on 29-8-2008 without disclosing the cause for t .....

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