2006 (4) TMI 290

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..... This Stay Application is directed against the imposition of penalty of Rs. 1,00,000/- (One lakh only) on the appellant. Since the issue involved in this case is in a narrow compass, I dispense with the requirement of the pre-deposit of the stay and take up the appeal for disposal with consent of both sides. 2. Considered the submissions made by both sides and perused records. I find that the .....

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..... ore the Commissioner (Appeals) that the appeal filed by the Company would also cover the appeal to be filed by the Managing Director of the Company. The Commissioner (Appeals) in his order-in-appeal has held that : "In so far as imposition of penalty of Rs. 1 lakh on Sri R.K. Agarwal under Rule 209A is concerned, I find that the appellant company is a juristic person and they can not take up the .....

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..... under Section 35 to the first appellate authority. In the absence of any appeal before the first appellate authority, the appellate authority has dismissed the contention raised during the hearing of the appeal of the Company before him and came to conclusion that no appeal has been filed by the appellant. 6. Since the appellant have not preferred any appeal to the appellate authority and th .....

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