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2013 (9) TMI 911

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..... d by the assessee challenging the order passed by the Customs, Excise and Service Tax Appellate Tribunal, Bangalore, directing him to predeposit an amount of Rs. 25,00,000/- within six weeks and report compliance to the Assistant Registrar on 5.11.2012 and further direction was issued to the Assistant Registrar to report to the Bench on 13.11.2012. It was made clear that subject to due compliance, .....

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..... not able to say before the Tribunal whether the appeal is admitted or stay order is granted. Therefore, they were not agreeable to extend further time taking note of the fact that not even a miniscule part of the amount has been deposited. They recorded a finding that the appellant wants to evade the mandate of section 35F of the Central Excise Act as applicable to the service tax appeal. The misc .....

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..... file and the Tribunal shall hear the appeal on merits and in accordance with law. Hence, we pass the following: ORDER:- (a) CEA No.53/2012 is dismissed. (b) CEA No.11/2013 is allowed. (c) The appellant is given four weeks time from today to deposit a sum of Rs.25,00,000/-. On such deposit, the Tribunal shall restore Service Tax Appeal No.506/2012 to its original file and hear the appeal on me .....

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