2010 (9) TMI 1149

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..... etition preferred under Article 226/227 of the Constitution of India, the sustainability of the order dated 26th May, 2009 passed by the Customs, Excise and Service Tax Appellate Tribunal (for short Tribunal ) with regard to pre-deposit. 2. This Court while issuing notice on 22nd July, 2009 passed the following order :- The contention of the learned counsel for the petitioner is that the p .....

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..... of C.E., Kanpur v. Krishna Carbon Paper Co. - 1988 (37) E.L.T. 480 (S.C.) and submits that it is the statutory provision which will prevail and not the mistake committed by the petitioner which happened 20 years ago and that too for a period of six months. He further submits that this plea was raised before the Tribunal specifically and has not even been dealt with by the Tribunal in the impugned .....

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..... ts. 10. Dasti? 11. We have been appraised at the Bar that 25% has been deposited but the appeal has not been heard by the Tribunal. 12. Having heard Mr. Naveen Malik, learned counsel for petitioner and Mr. Mukesh Anand, learned standing counsel for Department of Customs and Excise, it is directed that if petitioner deposits further 25% of the amount as ordered by the Tribunal within a per .....

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