1996 (11) TMI 89

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..... ppellate Tribunal, by which it dismissed the petitioner's appeal for non-compliance of the conditions of pre-deposit under Section 35F and the order dated 22-8-1996 by which the Tribunal dismissed the restoration application. 2.The petitioner had filed an appeal against the levy of excise duty and penalty before the said Tribunal and moved an application under the proviso to Section 35F for waiv .....

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..... bunal's earlier order and, therefore, the appeal was dismissed for non-compliance of the pre-condition of deposit under Section 35F. Thus, the petitioner did not apprise the Tribunal that a writ petition was pending in the High Court nor did it apprise this court that its appeal had already been dismissed on 23-4-1996. 3.Thereafter, the petitioner moved an application for restoration before the .....

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