ICFAI Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) HEARD both sides and perused the records.

(2.) BY Final Order No. ST/34/08/Stay Order No. ST/66/08 dated 7 -2 -2008 : 2008 (10) S.T.R. 376 (Tribunal), the Tribunal directed the applicant to deposit a sum of Rs. 22,96,593/ - within 2 months. On such deposit, the deposit of penalty stands waived and the appeal shall be decided on merits after giving opportunity of hearing by the Commissioner (Appeals).

(3.) ON perusal of the impugned order passed by the Commissioner (Appeals), we find that the appeal was dismissed for non -compliance of the stay order under the provisions of Section 35F of the Central Excise Act, 1944. Prima facie, we find that the matter is covered by the decision of the Tribunal in the appellant's own case vide Final Order dated 17 -10 -2008.