2010 (4) TMI 818

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..... rds of the earlier period have been destroyed. Taking into account the financial hardship pleaded by the petitioner and the amount of Rs. 52.00 lakhs paid by the petitioner, the petitioner was directed to deposit a sum of Rs. 2.00 crores - Held that:- order is set aside and the Writ Petition is allowed. The Tribunal is directed to take up the appeal filed by the petitioner and the appeal filed by .....

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..... ,60,632/- towards duty and penalty amount in respect of other appellants stand waived, in the event of the petitioner complying the deposit condition. The Tribunal gave the direction on a prima facie satisfaction that the illegal manufacturing and clearance and evasion of duty is corroborated by the recovered records indicated illegal purchase of MS ingots have been recovered and the petitioner ha .....

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..... TAT. Considering the ground taken there and that the assessee also does not have any objection to have the appeal order set aside for de novo enquiry, the Tribunal has totally lost sight of the appeal by the Department while giving the direction to the petitioner to deposit a sum of Rs. 2.00 crores. Hence, going by the admitted facts herein, the petitioner is entitled to have the exemption from pr .....

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