Debangsu Basak, J. - (1.) The petitioners are before the writ Court assailing an order passed by the appellate authority refusing to entertain an appeal as the petitioners have failed to make a pre-deposit as directed.
(2.) Learned Senior Advocate appearing for the petitioners draws the attention of the Court to the fact that the petitioners have secured an amount of Rs. 32 lakh, being the amount which the appellate authority wanted as pre-deposit, to consider the appeal, by way of a bank guarantee. Such bank guarantee is live till November 30, 2018. He seeks a direction upon the appellate authority to consider and decide the appeal on merits.
(3.) Learned Senior Advocate appearing for the petitioners draws the attention of the Court to Section 35F of the Central Excise Act, 1944 and submits that, an appeal can be entertained by the appellate authority upon the assessee depositing a sum equivalent to 71/2% of the tax in dispute. He seeks leave of the Court to put in such amount with the appellate authority in accordance with the provisions of Section 35F of the Act, 1944 for the appeal to be heard and disposed of on merits.;