2002 (1) TMI 89

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..... Customs, Excise and Gold (Control) Appellate Tribunal in Appeal No. E/1306/2001-NB whereby and whereunder the petitioner has been directed to deposit a sum of Rs. 5 crores towards duty and penalty within 12 weeks from the date of passing of the order. The learned Counsel appearing on behalf of the petitioner has, inter alia, urged that apart from the fact that there has been a gross violation of t .....

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..... eason has been assigned by the learned Tribunal in rejecting the contention of the petitioner that he is not in a position to pay the aforesaid amount. We are therefore of the opinion that the impugned order cannot be sustained which is set aside accordingly and the matter is remitted to the learned Tribunal again for consideration of the matter afresh. The petitioners shall have liberty to adduce .....

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