2009 (5) TMI 938

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..... er dated 25th April, 2007 passed by the learned Customs, Excise and Service Tax Appellate Tribunal, Kolkata on various grounds. Facts in brief are that the petitioner being aggrieved by the order in original had preferred an appeal before the Commissioner of Customs (Appeals) along with an application for stay. Since the Commissioner passed an order confirming the order in original without conside .....

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..... aside and the matter shall stand remanded to the lower appellate authority for fresh decision on merits. The lower appellate authority shall grant a reasonable opportunity of hearing to the appellants and the appellants are directed to fully cooperate with the proceedings before him and not to seek unnecessary adjournments. 6. In the event of failure to make the predoposit and report complianc .....

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..... I find that a sum of ₹ 6,45,000/- is lying secured with the department, considering such fact the writ petition is disposed of by directing the Commissioner of Appeals to hear out the appeal arising out of the order in original dated 14th November, 2005 without insisting on the predeposit of ₹ 1 lakh as directed by the Tribunal by the order dated 25th April, 2007 within a period of eig .....

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