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TMI Blog2009 (9) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. [Order].- P.C. : Rule. Heard forthwith. 2. The petitioners are aggrieved by the order of the Tribunal dated 24th June 2009 wherein the matter of waiver of pre-deposit, the Tribunal has directed the appellant to deposit the entire amount of duty. The matter was heard by the Tribunal pursuant to an order passed by this court in Writ Petition No. 5641 of 2008 decided on 4th September 2008. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of M/s. Ambika Waste Management Pvt. Ltd. were placed before us. We find that the order dated 28th April 2008 referred to by the Tribunal was when an appeal was preferred against the dismissal of the appeal by the Commissioner (Appeals) for failure to deposit the amount. The Tribunal had noted that the Commissioner had not considered the evidence and in these circumstances set aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ambika Waste Management Pvt. Ltd. That also is a case of purchasing scrap from the dealers of M/s. Ispat Industries. The issue which arose in that case would thus arise in this case. 5. Considering similar issue, in our opinion, petitioner herein cannot be put in a worse position than in the case of M/s. Ambika Waste Management Pvt. Ltd. The Sum of Rs. 10 lakhs roughly works upto 1/4th of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f proceedings, would be to grant reasonable time to enable the petitioner to produce an order from this court, and on failure to do so proceed with the matter. Ultimately, the Tribunal is subject to the supervisory jurisdiction of this court. 7. Considering the above facts, the order of dismissal of appeal is set aside. The order of pre-deposit is varied to the extent that the amount already depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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