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TMI Blog2015 (10) TMI 1811X X X X Extracts X X X X X X X X Extracts X X X X ..... by duty or duty and penalty are in dispute, or penalty or such penalty is in dispute on decision or appeal against. It is noted that as per the defect notice of the registry, the appellant failed to produce the proof of mandatory deposit in terms of Section 35F of the Central Excise Act 1944 as amended. So, Tribunal cannot entertain the appeal. The appeal is dismissed as not maintainable - Decided against assessee. - Appeal No. : E/13887/2014, Application No. : E/S/16890/2014 - ORDER No. A/10154 / 2015 - Dated:- 1-1-2015 - Mr. P.K. Das, J. Represented by : None Represented by : Shri S K Shukla (AR) Per : Mr. P.K. Das, The instant appeal alongwith stay application are listed today as For Mention . The registry of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the appellant company informed that Shri B J Shinde, Asstt Official Liquidator appointed by the Hon ble Bombay High Court by letter dtd 28.1.2014 addressed to this Tribunal, whereby it was requested to file claim in Form 60 with official liquidator. For the purpose of proper appreciation of the case the relevant portion of the letter dtd 21.1.014 of the Asstt. Official Liquidator, Hon ble High Court Bombay is reproduced below : With reference to subject cited above, I have to inform you that the Hon ble High Court, Bombay vide order dated 12.6.2014 passed in Company Petition No 119 of 2013,, presented by M/s Bhansali Engineering Polymers Limited (Petitioners) the official Liquidator has been appointed as the Provisional Liquidator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 35F of the Central Excise Act 1944 as amended. So, Tribunal cannot entertain the appeal. The appeal is dismissed as not maintainable. Consequently, the stay application is also disposed. 7. It is seen from the letter dtd 21.11.2014 the Asstt Official Liquidator, Hon ble Bombay High Court requested to file the claim in Form No 66 to the Official Liquidator in respect of the present dues. Hence, the Commissioner of Central Excise and Service Tax, Daman, is directed to take necessary steps for claiming the dues. Ld Authorised Representative is also directed pursue this matter for taking necessary steps to forward this order to the concerned Commissioner for taking necessary steps. (Dictated and pronounced in the Court) - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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