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2011 (7) TMI 1085

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..... Advocate, for the Appellant. Shri A.K. Sharma, JDR, for the Respondent. ORDER This Stay Petition has been filed for waiver of pre-deposit of the amount of ₹ 71,70,599/- (Rupees Seventy One Lakh Seventy Thousand Five Hundred and Ninety Nine only) confirmed as demand of duty at the time of removal of the final product, interest thereof and equivalent amount of penalty. 2. Learned Cou .....

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..... ginal and submits that appellants were given personal hearing on 11-9-2008, 27-10-2008, 24-11-2008 and 5-12-2008. It is his submission that on all the first three occasions they took time on some pretext or the other, and they also did not file any reply to show cause notice dated 7-5-2008. It is his submission that adjudicating authority was left with no option, but to pass an order in the absenc .....

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..... In our considered opinion there is violation of natural justice while passing the impugned order. In view of the foregoing, in our considered opinion, the appellant should be put to some conditions, so that he appears before adjudicating authority to cooperate in the adjudication proceedings. Hence we direct the appellant to pre-deposit an amount of ₹ 15,00,000/- (Rupees Fifteen Lakhs only) .....

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