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VIPIN CHANDRA DIXIT, SUNITA AGARWAL
Samrah Gold Factory Limited – Appellant
Versus
Commissioner Of Customs – Respondent


Advocates Appeared:
For the Appellant : Sandeep Srivastava, Arvind Srivastava.
For the Respondents: Amit Mahajan, Dhananjay Awasthi, Gaurav Mahajan.

JUDGMENT :

(Sunita Agarwal, J.)

1. Heard Sri Arvind Srivastava learned Advocate for the appellants, Sri Amit Mahajan and Sri Gaurav Mahajan learned counsels for the respondent Revenue.

2. Out of the abovenoted five connected appeals, Custom Appeal No. 1 of 2022, Custom Appeal No. 2 of 2022 and Custom Appeal No. 3 of 2022 filed by M/s Deepu Jewellers Llc Dubai, Kishore Ratilal Dhakan and M/s Samrah Gold Factory Limited; respectively, are arising out of the order dated 29.8.2019 passed in three defective Custom Appeals filed by the aforesaid appellants, by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Allahabad, whereby the appeals have been dismissed as non-maintainable being defective. The defect in three appeals was with respect to the mandatory pre-deposit in terms of Section 129E of the Customs Act, 1962. The order impugned records that despite adjournment granted on the request of the learned Advocates appearing for the appellants therein, nothing had been deposited towards the mandatory pre-deposit.

The remaining two connected Custom Appeal No. 4 of 2022 and Custom Appeal No. 5 of 2022 filed by M/s Samrah Gold Factory Limited and M/s Deepu Jewellers Ltd; respe

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