2008 (5) TMI 246

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..... pre-deposit any amounts – further, demands are premature therefore, matter is remanded to the Original Authority for de novo - de novo proceedings have to commence only after the expiry of the period granted to the appellants - C/373 & 374/2003 - 631 & 632/2008 - Dated:- 27-5-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Shri M. S. V. Prasad, Advocate, for the App .....

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..... r the appellants to cornplete the export orders in the terms of the E.O.U. Scheme for export of the goods as granted by the licence issued under E.O.U. Scheme. Therefore, the appellants have filed this application for recall of the Final Orders dismissing the appeals for non-compliance. It is submitted that the question of pre-deposit does not arise in view of the fact that the appellants have sta .....

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..... ve been granted extension of time to comply with the export obligations up to end of May 2009. In view of this position, the appellants are not required to predeposit the amounts. Hence, the Final Order No. 1459 1460/2004 dated 3-9- 2004 dismissing the appeals for non-deposit is recalled and the appeals are restored to its original number. Thus, the ROA application is allowed. 3. The learned .....

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..... al) Ltd. v. CC, Guntur - 2007 (207) E.L.T. 397 (Tri.-Bang.) (v) Transparent Technologies Pvt. Ltd. v. CCE, Belgaum - 2006 (200) E.L.T. 118 (Tri.-Bang.) (vi) C.L.P Zippers (P) Ltd. v. CCE, Jalandhar - 2005 (192) E.L.T. 730 (Tri.- Del.) (vii) Pashupati Fabrics Limited v. CCE, Lucknow - 2005 (184) E.L.T. 41 (Tri.- Del.) (viii) Eon Polymers Ltd. v. CCE, Jaipur - 2 .....

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..... ds cannot be confirmed when the Development Commissioner has extended the time to comply with the export obligation. In the present case, the plea of the appellants to grant them further time to comply with the terms of the policy to export the goods has been accepted by the Development Commissioner by his letter dated 8-10-2007. In view of this position, the confirmation of demand is not justifie .....

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