TMI Blog2009 (12) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent : BATHULA RAJKIRANSC FOREXCISECUSTOMS ORAL ORDER: (Per GR, J) The writ petition is primarily directed against the order dated 21-12-2009/14-12-2009 rejecting the application No.E/Misc./514-516/2009 in Appeal No.E/13-15/2009. The first petitioner is engaged in the business of manufacture of Mild steel ingots. The petitioner availed the benefits under notification No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty on the Managing Director and Director of the Company (who are petitioner Nos.2 and 3). The petitioners preferred an appeal against the order of the 1st respondent above to the 2nd respondent- Customs Excise Service Tax Appellate Tribunal on 02-01-2009 and along therewith an application for waiver of pre-deposit of the duty and penalty. The petitioner contends that on 06-10-2009 in the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. It appears from the record that the earlier order communicated on 28-10-2009 directing deposit of entire duty and 10% of the penalty was passed in the absence of petitioners counsel on the relevant date of hearings namely 06-10-2009 and 08-10-2009 in view of the asserted illhealth of the counsel as supported by medical certificates, the petitioners did not therefore have an adequate opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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