2013 (1) TMI 746

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..... e that the applicants have made out a strong prima facie case. Considering the material on record and findings of the authorities we are of the opinion that insofar as penalty element imposed against the company/partnership firm and the office bearers/partners is concerned, same is required to be stayed pending the appeals - by partly allowing these applications in all the respective appeals, ther .....

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..... have supplied ingots to various persons including the appellants which were non-duty paid goods. It was submitted that Shri Gautam Pal in his statement before the authorities also agreed that in some cases he had supplied only the invoice without actually supplying the goods. However, insofar as present applicants are concerned, there is no evidence that they were beneficiaries of any such action .....

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..... s we are of the opinion that insofar as penalty element imposed against the company/partnership firm and the office bearers/partners is concerned, same is required to be stayed pending the appeals. 4. In the result, by partly allowing these applications in all the respective appeals, there shall be stay against the recovery of penalty against the company/partnership firm. However, the remaining .....

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