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TMI Blog2001 (12) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The above application for waiver of pre-deposit of duty of Rs. 11,00,555/- and penalty of equal amount arises out of the order of the Commissioner of Customs, Surat who has confirmed the duty demand on clandestine clearance from the applicants' EOU to DTA. It is the contention of the ld. Counsel for the applicants that clearances to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had to close down their unit in February, 2001 and therefore, they would be put to hardship if they are directed to pay any amount of duty or penalty. 2. Shri Sarkar, the ld. Departmental Representative opposed the prayer contending that the decision cited supra by the ld. Counsel does not prima facie cover the present situation where there is a clear finding of illicit clearance of goods to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 lakhs (Rupees Five lakhs) towards duty and on such deposit being made within a period of eight weeks from today, the requirement of pre-deposit of balance duty and the entire penalty shall stand dispensed with and recovery thereof stayed pending the appeal. Failure to comply with this direction shall result in vacation of stay and rejection of appeal without prior notice. 4. Compliance to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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