1992 (9) TMI 99

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..... ontrol) Appellate Tribunal dated 5-6-1992 (Annexure 38 to the writ petition. 2. This order has been passed by the Tribunal on the petitioner's application under Section 35F to deposit duty and penalty. 3. I have perused the said order in detail. Although the petitioner had pleaded that in view of his financial difficulty, he was unable to deposit the duty and penalty levied by the Collector this .....

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..... nd it must consider the financial capacity of the appellant which is a very relevant consideration. Since this was not done, I quash the impugned order dated 5-6-1992/11-6-1992 and direct the Tribunal to reconsider the matter and look into the financial position of the appellant and then pass fresh orders on the application for waiver or stay. The petitioner may give all the materials before the T .....

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