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2011 (3) TMI 505 - CESTAT, AHEMDABADWaiver of pre-deposit - Non compliance of stay order - clandestine removal - the appellant submits that modification application was also filed before Commissioner (Appeals) pleading financial difficulties, which stands rejected by him - there is no evidence reflecting upon the poor financial condition of the applicant, also note that in cases of clandestine activities the true financial status of an assessee can never be arrived at - As such held that the directions of Commissioner (Appeals) to deposit the amount of Rs.3 lakhs cannot be held to be unjustified - Accordingly direct the applicant M/s. Mark Laminex Pvt. Ltd. to deposit the amount of Rs.3 lakhs within a period of four weeks (period suggested by learned advocate) and report compliance to Commissioner (Appeals)- The impugned orders are accordingly set aside and the matter remanded to Commissioner (Appeals) for fresh decision
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