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TMI Blog2015 (10) TMI 2534X X X X Extracts X X X X X X X X Extracts X X X X ..... gned Order-in-Revision is sustainable - Held that:- it is pertinent to note that imposition of penalty is related to the sustainability of the demand and therefore is not unlinked to the impugned demand. Further, under the then Section 84(4) ibid, it was clearly mentioned that “no order under Section 84 shall be passed by CCE in respect of any issue, an appeal against such issue is pending before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roxy), for the Appellant. Shri Ranjan Khanna, DR, for the Respondent. ORDER [Order per : R.K. Singh, Member (T)]. - The Miscellaneous Application has been filed for restoration of appeal in the wake of CESTAT Final Order No. 50202/2015, dated 20-1-2015 in terms of which the appeal was dismissed summarily with the observation that as the appeal is old one and nobody turned up on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant, the CESTAT should decide the appeal on merits, we recall the CESTAT order dated 20-1-2015 and with the consent of both parties, we proceed to decide the appeal. 3. The appellant has contended that the impugned Order-in-Revision was passed under Section 84 of the Finance Act, 1994 on 24-4-2009, the date on which the appellant s appeal against the primary adjudication order was pending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter before the Commissioner (Appeals) and therefore the impugned Order-in-Revision is sustainable. 5. We have considered the contentions of both sides. In this regard, it is pertinent to note that imposition of penalty is related to the sustainability of the demand and therefore is not unlinked to the impugned demand. Further, under the then Section 84(4) ibid, it was clearly mentioned that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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