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2015 (12) TMI 228 - HC - CustomsDenial of Exemption of duty - Held that:- Respondent no.1 Tribunal, while rejecting the petitioner's application for exemption from paying the custom duty at the time of filing the appeal, has not taken into account the fact that the assets of the petitioner have been taken over and sold under the provisions of the SARFASI Act and that the machine in question was taken into custody by the receiver under order of the Mumbai High Court and was sold by the receiver. - this relevant factor, has been taken into consideration by the Tribunal while deciding the application under Section 129E of the Act, for the purposes of arriving at a conclusion as to whether insistence on pre-deposit of the custom duty would have caused undue hardship to the petitioner. It is also observed that the respondents have not filed any document nor have they controverted the assertion of the petitioner. - Decided partly in favour of assessee.
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