2000 (6) TMI 600

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..... pondent. [Order per : J.H. Joglekar, Member (T)]. The applicant is a co-noticee where the main noticee M/s. Toho Corporation, had achieved satisfaction under the Kar Vivad Samadhan Scheme Rules, 1998. When this application seeking stay of penalty of Rs. 10 lakhs had come up for hearing on an earlier occasion, Shri Anil Balani referred to the order of Bombay High Court in Writ Petition No .....

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..... (2) Broadway Textiles Ltd. Ors. v. CCE, Kanpur [1999 (35) RLT 729 (CEGAT]. In these judgments, the Tribunal had set aside the penalties imposed upon the co-noticee. We had occasion to differ from the first cited order earlier. However in the presence of these judgment we accede to the application for waiver and grant unconditional stay and waiver of the penalty imposed on the applicant. .....

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..... noted that the order has been dictated in the presence of the DR. It is presumed by me that DR had written a letter to the Commissioner. I do not know what instructions were given to the DR by the Commissioner and if necessary he could send further instructions in this matter. Perhaps if this action could have been taken promptly the Commissioner could have filed his written submissions or Commis .....

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