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TMI Blog2019 (6) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... quiring the Petitioner to make any further deposit, its appeal be considered by the CESTAT on merits in accordance with law as expeditiously as possible. The Defect Matter Hearing Notice dated 29th April 2019 issued by the Registry of the CESTAT is hereby quashed - application disposed off. - W.P.(C) 6117/2019& CM Appl. 26347/2019 (interim relief) - - - Dated:- 28-5-2019 - S. MURALIDHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment delivered on 27th April, 2018 in the said writ petition by a Division Bench (DB), it was noted that the Petitioner had already deposited ₹ 3,70,008/-. The DB took into account the financial condition of the Petitioner, and the fact that if the case of the department prevailed, the duty payable by the Petitioner would work out to ₹ 16,82,38,370/-. On that basis, the Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the first Appellate Authority has already filed an appeal before the CESTAT under Diary No. 50957 of 2019 and pursuant to the leave granted by this Court in the order dated 27th April, 2018 has filed this petition. It may be noted here that the Registry of the CESTAT has issued a Defect Matter Hearing Notice dated 29th April 2019 to the Petitioner stating inter alia: In the ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 (as contended by the Department)? Mr. Singh submits in an identical case of import of the above goods, the CESTAT has upheld the view of the Department and rejected the appeal of M/s. Gosai Trading Company. It is accordingly contended that on merits the Petitioner does not have even a prima facie case. 7. In reply to the above submissions, it is pointed out by Ms. Anjali J. Manish, lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above deposit of ₹ 5 lakhs has already been made, it is directed that without requiring the Petitioner to make any further deposit, its appeal (filed under Diary No. 50957 of 2019) be considered by the CESTAT on merits in accordance with law as expeditiously as possible. 9. In that view of the matter, the Defect Matter Hearing Notice dated 29th April 2019 issued by the Registry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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