2005 (10) TMI 411

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..... J) (Oral)]. The stay application and the appeal are taken up together for the disposal as the issue lies in a short compass. The appellants have been confirmed the demand of Rs. 27,94,325/- and penalty of Rs. 2,00,000/-. The appellants were holding EPCG Licenses. They have not fulfilled the export obligation and hence, the duty on the imported items are required to be confirmed. The appellan .....

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..... gal). In the submissions, it is clearly admitted that the appellants have approached the Settlement Commissioner. 3. On a careful consideration of the submissions made by both the sides, we are of the considered opinion that the Commissioner ought to have kept the matter pending till the decision of the Settlement Commissioner in the matter or otherwise he should have granted another opportunity .....

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