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Impressario Event Marketing Company ... vs Commissioner Of Central Excise, ...

Customs Excise and Service Tax Appellate Tribunal1 June 2015

Ratio decidendi

The rule this decision rests on

The appeal is dismissed for non-compliance with a pre-deposit condition: where the Tribunal has directed the appellant to deposit a stated percentage of the duty demanded as a condition of stay, and the appellant has failed to make that deposit, the appeal may be dismissed under the Tribunal's powers under Section 35F of the Central Excise Act, 1944.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNALSOUTH ZONAL BENCHBANGALOREAppeal(s) Involved:ST/20162/2014-DB

[Arising out of Order-in-Appeal No. 224-2013 dated 07/10/2013 passed by Commissioner of Central Excise and Service Tax (Appeals), COCHIN ]

For approval and signature:

HON'BLE SMT. ARCHANA WADHWA, JUDICIAL MEMBER HON'BLE SHRI B.S.V.MURTHY, TECHNICAL MEMBER

1 Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?

2 Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?

3 Whether Their Lordships wish to see the fair copy of the Order?

4 Whether Order is to be circulated to the Departmental authorities?

Impressario Event Marketing Company Pvt. Ltd. 5th Floor,chaithanya Building,s.a.road, COCHIN - 682016 KERALA Appellant(s)

Versus

Commissioner of Central Excise, Customs and Service Tax Cochin-cce C R BUILDING, I S PRESS ROAD, ERNAKULAM, COCHIN, - 682018 KERALA Respondent(s)

Appearance:

Shri Thomas Kuriyan, Advocate MENON & PAI P.B. NO.1911 IS PRESS ROAD, COCHIN - 682018 KERALA For the Appellant

Shri N. Jagdish, Superintendent(AR) For the Respondent

Date of Hearing: 01/06/2015

Date of Decision: 01/06/2015

CORAM:

HON'BLE SMT. ARCHANA WADHWA, JUDICIAL MEMBER HON'BLE SHRI B.S.V.MURTHY, TECHNICAL MEMBER

Final Order No. 21245 / 2015

Per : ARCHANA WADHWA

Vide stay order No.20474/2015 dt. 11/02/2015, the appellant was directed to deposit 50% of the tax demanded within a period of eight weeks.

2. On matter being called for ascertaining compliance, learned advocate fairly agrees that the said order has not been complied with by the appellant. Accordingly, we dismiss the appeal for non-compliance with the provisions of Section 35F of Central Excise Act read with the stay order referred supra. (Order pronounced and dictated in open court)

B.S.V.MURTHY TECHNICAL MEMBER ARCHANA WADHWA JUDICIAL MEMBER

Raja..

2

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