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2000 (5) TMI 860 - CEGAT, MUMBAIExtract: .......ests very heavily on the department which burden cannot be discharged merely by finding fault with the evidence rendered by the applicants. On perusal of the facts of the case, I find that the applicant had made a prima facie case. The condition of pre-deposit of the penalty is waived and stay of recovery is granted, pending disposal of the appeal.
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