DINESH INTERNATIONAL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE was a delay in making predeposit of Rs.45,00,000 in the pending matter before the Customs, Excise and Service Tax Appellate Tribunal, Mumbai, (for short "CESTAT") being Appeal No. 796 of 2006. Consequently, on 23-1-2008, CESTAT dismissed Appeal No. 796 of 2006. Be that as it may, the position today is that the assessee has made the predeposit after a lapse of about sixteen months on 20-5-2009.

(2.) IN the facts and circumstances of this case, we hereby direct the petitioner (the assessee) to pay interest @ 9% on Rs.45,00,000 for the period 11-1-2008 up to 20-5-2009 on Rs.45,00,000 within two weeks from today to the Department. On payment of the said amount, we direct CESTAT to expeditiously hear and dispose of Appeal No. 796 of 2006 preferred by the assessee, preferably within six to eight weeks.