2009 (9) TMI 716

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..... directions of the Hon ble High Court vide which the matters were remanded for reconsideration of penalty amount in the light of the law declared by the Hon ble Supreme Court in the case of Union of India v. Dharamendra Textile Processors reported in [2008 (231) E.L.T. 3 (S.C.) = 2008 (89) RLT 103 (S.C.-L.B.)]. 2. Learned SDR submits that the issue involved in the present appeal is as regards imp .....

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..... ive High Courts for deciding the question of virus of the above sub rule. 3. As a consequence, the issue of imposition of penalty under Rule 96ZQ(5)(ii) is dependent upon the outcome of a writ petition pending before various High Courts on the vires of the said rule in question. We accordingly think it appropriate to remand the matter to the Original Adjudicating Authority for fresh decision aft .....

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