JUDGMENT
Gowri Shankar, Member (T)
1. Appeal taken up for disposal with consent.
2. The Commissioner (Appeals) has dismissed the appeal filed before him against the order of the Assistant Commissioner on the ground that the applicant did not deposit Rs. 8 lakhs (out of the duty of Rs. 10.72 lakhs and penalty of Rs. 1 lakh).
3. After concluding his arguments on the stay application, counsel for the applicant offers to deposit Rs. 5 lakhs on the facts before us, this appears to be reasonable.
4. The appeal is accordingly allowed and the impugned order set aside. On the applicant depositing before the Commissioner (Appeals) a sum of Rs. 5 lakhs within two months from today, the Commissioner shall hear and dispose of the appeal on merits. In the event that the deposit is not made within this period, the appeal before us shall stand dismissed.