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2011 (3) TMI 505

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..... of the applicant, also note that in cases of clandestine activities the true financial status of an assessee can never be arrived at - As such held that the directions of Commissioner (Appeals) to deposit the amount of Rs.3 lakhs cannot be held to be unjustified - Accordingly direct the applicant M/s. Mark Laminex Pvt. Ltd. to deposit the amount of Rs.3 lakhs within a period of four weeks (perio .....

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..... ellant on the findings of clandestine removal is to the tune of Rs.9,43,165/-. 3. Learned advocate Ms. Avani Mehta appearing for the appellant submits that modification application was also filed before Commissioner (Appeals) pleading financial difficulties, which stands rejected by him. 4. On being specifically questioned about the financial difficulty, learned advocate has fairly agreed .....

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..... t of duty paid on the said raw materials. The directions of Commissioner (Appeals) to deposit an amount of Rs.3 lakhs in addition to the amount of Rs.2 lakhs already deposited by them comes to less than the deposit of 50% of the confirmed duty. He has also dispensed with the condition of pre-deposit of penalty. 6. Apart from the fact that there is no evidence reflecting upon the poor financial .....

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