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TMI Blog1997 (7) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... hri S. Murugandi, JDR, for the Respondent. [Order per : V.P. Gulati, Vice President ]. - The prayer in the application is for dispensation of the pre-deposit of an amount of Rs. 1,60,678/- demanded from the partnership concern and penalty of Rs. 16,000/- levied on the said firm and also a penalty of Rs. 10,000/- on the Managing Partner, Mr. S. Rajan. 2. The learned advocate for the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Trade Notice No. 33/94 indicating the address and the product manufactured by the appellants. He has pleaded that the appellants had not suppressed any facts from the authorities and therefore the longer period of limitation could not have been invoked. On grounds of limitation alone, he has urged the appellants would be entitled to grant of their prayer for dispensation of the pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was therefore expected that they had read the notification and also would have been aware of the parameters as are set out in the notification for the purpose of exemption. One of the parameters is that the total clearances from a factory should not have exceeded Rs. 30. lakhs. In the present case, it was for the appellants to satisfy themselves before clearing the goods without payment of duty a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of clearances from a factory by one or more manufacturers in a financial year. 10. In the absence of that prima facie we hold that longer period of limitation has been rightly invoked in the present case. Taking into consideration therefore, the financial position of the appellants as urged before us, we are of the view that the ends of justice would be served if the firm is directed to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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