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TMI Blog2018 (7) TMI 1676X X X X Extracts X X X X X X X X Extracts X X X X ..... a delay and therefore the Tribunal should be directed to decide the pending Appeal on merits in accordance with law - appeal allowed - the case remitted to the learned Tribunal to decide the Appeal of the assessee on merits and in accordance with law. - CEA No. 108/2010 - - - Dated:- 11-7-2018 - Dr. VINEET KOTHARI AND Mrs. S. SUJATHA JJ. JUDGMENT DR. VINEET KOTHARI J Mr. A. Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stipulated period, the Appeal came to be dismissed by the Tribunal vide Annexure-A order dated 26.4.2010. Later on, the assessee with some delay made the said deposit of ₹ 85,00,000/- and therefore filed an application in this Court, namely I.A.1/2018 on 16.4.2018 along with the letter dated 31.10.2017 issued by the Office of the Superintendent of Central Excise DNWD-4 to the effect that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1/2018 filed by the Assessee on 16.04.2018 . He therefore submits that dismissal of the Appeal vide Order dated 7.7.2011 for non compliance of the said condition may be recalled and appeal filed by the Assessee may be heard on merits. In view of the aforesaid compliance, we condone the delay in depositing the amount under Order-in- Original and recall the Order dated 7.7.2011 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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