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Pre- deposit for appeal before cestat

My client filed first appeal before Commissioner (Appeals) during 2013 without pre-deposit. Now, in 2017, he is in receipt of O-I-A. Is it mandatory to pay pre-deposit to file second appeal (before CESTAT).
I, personally believe that pre-deposit is not required in this case in view of the 2nd proviso of Section 35F which is as follows:-
"Provided further that the provisions of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the Finance (No.2) Act, 2014."
Experts please offer your comments.

Bajaj Finserv

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