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2010 (4) TMI 818 - HC - Central ExcisePre-deposit towards duty and penalty - Tribunal observed that one cannot expect the Department to recover and produce authentic records of the assessee’s illegal activities. The responsible functionary of the petitioner-company has stated in his statement that the records of the earlier period have been destroyed. Taking into account the financial hardship pleaded by the petitioner and the amount of Rs. 52.00 lakhs paid by the petitioner, the petitioner was directed to deposit a sum of Rs. 2.00 crores - Held that:- order is set aside and the Writ Petition is allowed. The Tribunal is directed to take up the appeal filed by the petitioner and the appeal filed by the Department together for hearing within a period of eight weeks from the date of receipt of a copy of the order.
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