2014 (9) TMI 540

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..... he Tribunal are not to be interfered with under Article 227 of the Constitution of India which is sought to be invoked by the petitioner in the instant case. - The enlargement of time sought for by the petitioner does not exceed ten months and every endeavour shall be made to have a lis disposed of on merits. - I am not prepared to hold by any stretch of imagination that the Tribunal has exceeded .....

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..... so to Section 35F of the Central Excise Act, 1944 and restored the appeals dismissed for default. The source for that power can be easily traced to Rule 41 of the Appellate Tribunal (Procedure Rules). The Tribunal had thought it fit to allow the application to waive the pre-deposit on deposit of ₹ 10,00,000/-. The Tribunal has now exercised its discretion in extending the time for pre-deposi .....

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