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2008 (7) TMI 21

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..... res - held that the petitioner’s appeal before the tribunal ought to be heard on the basis of the deposit of Rs. 1.50 lacs already made by the petitioner - petitioner is undergoing genuine financial hardship - now it is reduced from 1.41 crore to 64 lacs - 15035/ 2006 & 15062/2006 - - - Dated:- 24-7-2008 - Advocates who appeared in this case: For the Appellant : Mr. Rattan K Singh For the .....

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..... required the petitioner to deposit an amount of Rs.15.00 lac and waived deposits in respect of the balance amount for hearing of the appeal. 3. The petitioner company was facing acute financial hardships and therefore, it made an application for modification of this order. The same was allowed by virtue of the order dated 04.01.2001 to the extent that the pre-deposit amount was reduced to an .....

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..... however, the tribunal by an order dated 09.01.2004 waived the pre-deposit condition in view of the Rs. 1.50 lacs already deposited by the petitioner in the previous round. The tribunal heard the appeal and set aside the order dated 15.07.2003 and remanded the matter for adjudication before the Commissioner once again. Thereafter, by an order dated 08.80.2005, the Commissioner passed a fresh adjud .....

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..... umstances of this case and hearing learned counsel for the parties, we are of the view that the petitioner's appeal before the tribunal ought to be heard on the basis of the deposit of Rs. 1.50 lacs already made by the petitioner, as indicated above. This is so because we are satisfied that the petitioner is undergoing genuine financial hardship. We also note that when the duty/penalty was about R .....

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