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2014 (9) TMI 290 - HC - CustomsWaiver of pre-deposit - tribunal directed that the Bank Guarantee may be encashed for collecting the demand of duty - Misuse of BMW cars under Export Promotion Capital Goods (EPCG) Scheme - vehicles imported should be used for tourist purposes only - Held that:- there are two important expressions in Section 35-F. One is undue hardship. This is a matter within the special knowledge of the applicant for waiver and has to be established by him. - As the encashment of bank guarantee as ordered by the Tribunal has been effected, we uphold the order of the Tribunal with regard to waiver of pre-deposit of interest and penalty of both the appellants and recovery thereof. The Tribunal shall take up the appeals in the usual course and dispose of the same on merits and in accordance with law. Since the conditional order of stay passed by the Tribunal has been complied with by the appellants and we are directing the Tribunal to dispose of the appeals or merit - Decided against the assessee.
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