the authority is CESTAT , and now the pre deposit has been paid and petitioner now wants the court to hear him...the case is dismissed by tribunal,HC,SC ..that time he was not able to pay pre deposit but after he paid it and now he wants to restore the appeal
2 Answers from Attorneys
I am advising you without having details of your case. This opinion is just based on the initial information provided by you. There is no law which could allow a second round of litigation, make a representation to the authority wait for their reply. If they reply in your favour then you have made it; or else if they do not reply or send a negative reply, then challenge the same in the concerned high court on compassionate grounds and on equity. I am sure there would be enough case law if you go via this route and you could fetch relief for your self.
So Best of Luck.
What I could understand from you post is that the case has been dismissed from CESTAT, High Court and Supreme court as well. Kindly tell us as to the circumstances put forth before the High Court and SC.
Regards
Jeevesh Mehta
Indirect TAx Advisory Services.
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