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TMI Blog2016 (9) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner to pay the pre-deposit amount – Held that: - There is nothing on record to prove that the petitioners are financially disabled to make pre-deposit of 10% of the penalty amount to have their appeal entertained by the appellate authority. The discretion that has been exercised by the appellate authority is neither arbitrary nor capricious and, therefore, no interference warranted - Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neral of Foreign Trade and appellate authority by an order dated 20th June, 2016, advising the petitioners to deposit 10% of pre-deposit of penalty amount or 100% bank guarantee of the penalty amount within seven days from that date. Such order has been communicated to the petitioners by the Foreign Trade Development Officer by his letter dated 29th June, 2016, which is under challenge in this wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty or redemption charges, no such appeal shall be entertained unless the amount of the penalty or redemption charges has been deposited by the appellant: Provided also that, where appellate authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subject to such condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners' appeal would be entertained subject to payment of 10% of the penalty amount, which comes to ₹ 2,00,000/-. There is nothing on record to prove that the petitioners are financially disabled to make pre-deposit of 10% of the penalty amount to have their appeal entertained by the appellate authority. In the considered view of this Bench, the discretion that has been exerci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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