Export Import Policy and Customs notification dated 3.6.1997, the assessee could import capital goods and raw material without payment of duty. It was required to utilize the imported goods and raw material in the manufacture of goods meant for export. The assessee imported yarn without payment of customs duty. The appellant was granted permission by the Assistant Commissioner of Central Excise to get the yarn processed from outside job workers who cleared 229.207 MT nylon yarn/polyester yarn in the domestic market. The adjudicating authority after investigation issued a show cause notice dated 1.6.2005 to the assessee demanding the duty amounting to 45,44,277/-. The adjudicating authority vide order dated 28.12.2006 (Annexure A-2) confirmed the duty amounting to 22,23,026/- on pro-rata basis and imposed equal amount of penalty. Feeling aggrieved, the assessee filed an appeal before the Commissioner (Appeals), who dismissed the appeal. Still dissatisfied, the assessee filed an appeal before the Customs, Excise and Service Tax Appellate Tribunal (in short “the Tribunal”). Along with the appeal, stay application was also filed. On 4.6.2008 (Annexure A-5), the Tribunal directed the appellant to deposit ` 50 lacs within a period of three months. Thereafter, the appellant applied for the renewal of Letter of Permission. The Development Commissioner vide its letter dated 19.9.2008 (Annexure A-6) informed the appellant that the Board of Approval in its meeting dated 29.8.2008 had decided to extend the period of fulfilment of Net Foreign Exchange for a further period of five years subject to the conditions. On having failed to comply with the order, the Tribunal dismissed the appeal on the ground of non-compliance of stay
