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TMI Blog2015 (9) TMI 1598X X X X Extracts X X X X X X X X Extracts X X X X ..... , Advocate, for the Respondent. ORDER G.A. No. 2854 of 2015 : Let affidavit of service filed in Court today be kept on record. 2. The application for condonation of delay in preferring appeal against the order dated 25th November, 2013 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Miscellaneous Application No. E/M/71345/2015 and on Excise Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is otherwise in form. G.A. No. 2856 of 2015 4. This application being G.A. No. 2856 of 2015 has been filed for admitting the appeal preferred against the order dated 25th November, 2013 passed by the Tribunal in Miscellaneous Application No. E/M/71345/2015 on the following substantial question of law : Whether in the facts and circumstances of the case, the Tribunal was justified in la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , penalty and interest confirmed by the lower authorities. It is submitted by the learned advocate for the appellant that payment could not be made as there was labour unrest in the factory and consequent suspension of work and as a result, the petitioner/appellant could not be present at the time of hearing. It is submitted that as the appellant has a good prima facie case, the entire pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin a period of eight weeks from date, the impugned order passed on 25th November, 2013 is set aside and quashed. On such deposit of Rs. 35 lakhs within eight weeks from date, the Customs, Excise and Service Tax Appellate Tribunal, Kolkata shall hear the appeal preferably within eight weeks after giving an opportunity of hearing to the parties. Such deposit shall be made without prejudice to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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