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TMI Blog2003 (7) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri S.S. Bhagat, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. The application for waiver of pre-deposit of penalty of Rs. 50,000/- imposed upon the applicants herein, who are a charitable hospital, arises out of the order of the Commissioner of Customs (Import), Mumbai. The penalty has been imposed upon on the ground that the applicants contravened the conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cants submit that the show cause notice did not allege contravention of Clause 2(a) of the notification and further it has been stated by Shri Sunder Vaswani, Assistant General Manager of the Hospital that registration fee of Rs. 10/-, which was being collected, was not collected from patients who are not capable of paying this amount; and therefore there is no contravention of clause 2(a). As far ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit of the penalty. 3. The prayer is opposed by learned DR, who draws our attention to paragraphs 23 and 25 of the impugned order. He submits that the collection of Rs. 10/- as registration charges amounts to contravention of the condition regarding provision of free treatment to outdoor patients and that the applicants have not established fulfilment of clause 2(b) of the table to the not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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