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TMI Blog2015 (1) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... toration of the appeal after making the pre-deposit was not allowed by the Tribunal by holding the view that it was filed after about 16 years. 2. We heard the learned senior counsel for the appellant Sri. Joseph Kodianthara and the learned Standing Counsel for the Department Sri Ranjith Jacob Koshy. 3. The applicant is a Public Ltd. Company which manages a factory at Punalur manufacturing paper. Annexure A is the order by which the first respondent's predecessor confirmed Central Excise Duty demand of Rs. 67,36,577/- and an amount of Rs. 6,70,000/- was levied as penalty. Penalty was also imposed against the Directors at Rs. 10,000/- each. An appeal was filed wherein by order dated 4-11-1996 (Annexure B) stay was granted on cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court Receiver was discharged from the assets of the appellant on 24-4-2010. Thereafter the present promoters signed a Share Purchase Agreement as per Annexure F. The inaugural function of the factory was organised on 20-8-2010 and a sum of Rs. 207 lakhs was remitted towards sales tax arrears and a fresh MOU was signed with the Government. It is evident from Annexure G. The appellant has also given the details of payments to various functionaries. An amount of Rs. 94,82,052/- was remitted towards arrears to the Kerala State Electricity Board on 2-9-2011. Rs. 700 lakhs was paid towards employees' dues during the period from 20-8-2010 to 31-12-2011 which had arisen since 1982. It is also stated that nearly Rs. 10 crores has been expended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T. 641 (S.C.) (Kirtikumar Jawaharlal Shah v. Union of India), which is relied upon by the learned Senior counsel for the appellant, after considering the fact that the deposit has been made, restored the appeal before the Tribunal. Various facts are stated in paragraph 2 of the judgment and finally in paragraph 3, their Lordship has held as follows : "3. We are informed that now the appellant has deposited Rs. 9 lakhs. Learned counsel for the appellant has filed additional documents. He has filed a Certificate dated 1-10-2012 issued by the Superintendent, Office of the Superintendent, Central Excise, Customs & Service Tax, Range - GONDIA. This certificate states that the appellant has deposited an amount of Rs. 9 lakhs on 1-10-2012. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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