R.K. Brothers Vs. Cc

R.K. Brothers vs Cc

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Mar 23, 1998

~2 min read

https://sooperkanoon.com/case/13137

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/13137
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge: R T Lajja, S Kang
Decided On: Mar 23, 1998
Subject: Customs

Case Summary

AI-generated summary - not the official court judgment text.

Customs

Key legal issue: Customs

Parties & Advocates

Appellant / Petitioner

R.K. Brothers

Respondent

Legal References

Reported In: (1998)(77)LC69Tri(Mum.)bai

Excerpt

1. when the case was called, none appeared on behalf of the appellants, m/s. r.k. brothers. on 17.3.1998, the case was adjourned for today i.e.23rd march, 1998, in presence of shri k.k. anand, advocate. on that date, the bench directed the counsel of the appellants to submit proof in respect of compliance to stay order no. c/71/95-b2, dated 28.9.1995.2. the tribunal vide stay order no. c/71/95-b2, dated 28.9.1995 directed the appellants to deposit a sum of rs. 5 lakhs. on 28.12.1995, the appellants submitted an application stating therein that they have deposited a sum of rs. 1 lakh against the stay order. in the application, the appellants also submitted that they are moving an application for waiver of deposit of the balance amount. from the record, we find that the appellants have not filed any such application nor they have deposited the balance amount as directed by the tribunal in the stay order dated 28.9.1995.3. therefore, the appeal is dismissed for non-appearance under rule 20 of cegat (procedure) rules and under section 129e of the customs act, 1962 for non-compliance with the stay order.4. at this stage, shri a.s. sunder rajan, consultant appeared on behalf of the appellants and had prayed for time. on specific question from the bench, he is unable to submit any proof in respect of compliance to the stay order dated 28.9.1995. in these circumstances, the appeal is dismissed under section 129e of the customs act for non-compliance to the stay order no. c/71/95-b2, dated 28.9.1995. however, the appellants shall have the liberty to apply for restoration of the appeal in case they had complied with the stay order.

Full Judgment

1. When the case was called, none appeared on behalf of the appellants, M/s. R.K. Brothers. On 17.3.1998, the case was adjourned for today i.e.

23rd March, 1998, in presence of Shri K.K. Anand, Advocate. On that date, the Bench directed the counsel of the appellants to submit proof in respect of compliance to Stay Order No. C/71/95-B2, dated 28.9.1995.

2. The Tribunal vide Stay Order No. C/71/95-B2, dated 28.9.1995 directed the appellants to deposit a sum of Rs. 5 lakhs. On 28.12.1995, the appellants submitted an application stating therein that they have deposited a sum of Rs. 1 lakh against the Stay Order. In the application, the appellants also submitted that they are moving an application for waiver of deposit of the balance amount. From the record, we find that the appellants have not filed any such application nor they have deposited the balance amount as directed by the Tribunal in the Stay Order dated 28.9.1995.

3. Therefore, the appeal is dismissed for non-appearance under Rule 20 of CEGAT (Procedure) Rules and under Section 129E of the Customs Act, 1962 for non-compliance with the Stay Order.

4. At this stage, Shri A.S. Sunder Rajan, Consultant appeared on behalf of the appellants and had prayed for time. On specific question from the Bench, he is unable to submit any proof in respect of compliance to the Stay Order dated 28.9.1995. In these circumstances, the appeal is dismissed under Section 129E of the Customs Act for non-compliance to the Stay Order No. C/71/95-B2, dated 28.9.1995. However, the appellants shall have the liberty to apply for restoration of the appeal in case they had complied with the Stay Order.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties R.K. Brothers vs Cc Same Subject Customs Same Judge R T Lajja, S Kang