2000 (12) TMI 329

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..... Order per : Justice K. Sreedharan, President]. The appellants in Appeal No. E/2377/2000-D moved a Miscellaneous Application for recalling/modifying the order of stay, No. S/72/2000-D, dated 31-10-2000. In the appeal they challenged the imposition of duty of Rs. 9,07,825.67 and imposition of penalty of Rs. 80,000/-. In that appeal, the appellants prayed for staying the operation of the order .....

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..... To substantiate this case, he produced balance sheet for the year ending 31-3-1999 and submitted that the appellant not having means to make any deposit. 2. We have heard the Departmental Representative. 3. On the facts and circumstances of this case, we are inclined to accept the appellants contention that the notice of hearing of stay petition on 31-10-2000 did not reach them. So they coul .....

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