M/S. Cannon Industrial Pvt. Ltd. v. Commissioner Of Customs, Nhavasheva

CUAPP.42-2015 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 42 OF 2015 WITH NOTICE OF MOTION LODG.NO.888 OF 2015 M/s Cannon Industries Private Limited ..Appellant Vs.

The Commissioner of Customs Nhava Sheva ..Respondent ----- Senior Counsel Mr. Bharucha a/w Counsel Mr. Bomi Patel a/w Vivek Vashi a/w Krishnendu Sayta i/b Bharucha & Partners in NMA (L) No.888/2015. Mr Pradeep S. Jetly, for Respondent.

---- CORAM: B.R. GAVAI & A.S. GADKARI, JJ.

DATE : 13th April 2015.

P.C.:

The present appeal arises out of the order passed by the CESTAT thereby dismissing the appeal on the ground of non-deposit of duty and penalty. By the order of even date, we have dismissed the Appeals arising out of the order dated 4th December 2013 thereby directing the appellants to deposit of 50% of the duty and 10% of the penalty in each case levied as a pre-condition for hearing the appeals, and as consequence thereof the present appeal also deserves to be dismissed.

CUAPP.42-2015 In the result, the appeal stands dismissed. In view of the dismissal of the appeal, the Notice of Motion does not survive and the same is also disposed of.

(A.S. GADKARI, J.) (B.R. GAVAI, J.)