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2002 (8) TMI 762

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..... nt. [Order per : Archana Wadhwa, Member (J)]. The prayer in the application is for dispensing with the condition of predeposit of duty amount of Rs. 23,97,676/- and penalty of an equivalent amount. 2. As per the facts on record, the appellants entered into a contract with M/s. Kitply Industries for manufacture and supply of a particular quality of plywood at the rate entered into betwe .....

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..... t the records of their Chartered Accountant cannot be made the basis for arriving at a finding against them inasmuch as Shri Agarwal was not in any way related to their business either in the capacity of a partner or Director etc. and as such was not beneficiary. He also submits that as a consequence of the search made at their premises, the business premises of Kitply Industries were also put to .....

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..... shows the total collection of amount made by the appellants from their customer. He also submits that Shri S.R. Agarwal was the Chartered Accountant and was in knowledge about the facts. As such, he prays that the stay petition be rejected. 5. After considering the submissions made by both the sides, we find that the notes maintained by Shri S.R. Agarwal who is the appellants Chartered Accounta .....

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