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2008 (1) TMI 541 - HC - CustomsAppeal before the Additional Director Gerneral of Foreign Trade was rejected, on account of non-payment of pre-deposit - having regard to the facts and circumstances and the petitioner being agreeable to deposit the remaining amount of the customs duty which has been made, notwithstanding, that the petitioner had suffered serious losses in his business and was not in a position to meet the various liabilities - petitioner has now come forward with the assurance that the petitioner is in a position to meet its liabilities and would seek an opportunity of hearing before the Joint Director General of Foreign Trade to make out a case for sympathetic consideration, insofar as the quantum of penalty is concerned - the interest of justice would be served, if the petitioner is afforded such an opportunity. - The matter is remitted to for a re-consideration of the quantum of penalty that may or may not be imposed on the petitioner, having regard to the circumstances which the petitioner is to establish before the said authority,
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