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2007 (12) TMI 51 - AT - CustomsNotice was not served on the Appellant exactly on the day of hearing so he could not appeal and plead its case - no mala fides - no deliberate defiance of Law, so restoration application allowed – CHA, Appellant had by no means any knowledge about the alleged mischief nor the CHA deliberately acted to defy the law - Innocence of the Appellant is patent from the record without any cogent evidence to contradict entire modus operandi of the Appellant – so penalty u/s 112(b) is set aside
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