2000 (5) TMI 742

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..... er : Gowri Shankar, Member (T)]. The application is for waiver of deposit of Rs. 12,46,699/- and penalty of Rs. 5,000/-. 2. The applicant is absent and unrepresented despite notice. This is the second occasion on which the applicant has been absent despite notice. We therefore proceed to decide the application after reading the appeal and hearing the departmental representative. 3. Duty .....

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..... r such exemption has been cited. On merits therefore applicant has no prima facie case. 5. However, the balance sheet for 1998-99 of the applicant shows that it has been declared a sick industry by the Board for Financial Reconstruction. Solely on this ground we waive deposit of the duty demanded and penalty imposed, but do not stay their recovery, leaving it to the department to pursue the reco .....

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