2001 (11) TMI 88

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..... A further prayer has been made to issue a suitable direction commanding the respondent No. 1 to hear and decide the Appeal No. E/1274/2001 on merit in accordance with law without insisting on pre-deposit. 2. Shri Bharatji Agarwal, learned Senior Counsel appearing for the petitioner and Sri S.P. Kesharwani, learned standing Counsel appearing for the respondent have been heard. 3. Submission on .....

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..... l Excise Act the petitioner had clearly made out a case for waiver of pre-deposit inasmuch as the financial condition of the petitioner was very bad. The application was accompanied by various documents including the account for the year ending 31st March, 2001. It is also stated that even though the financial stringency was pleaded but it has not been considered while passing the impugned order. .....

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