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2018 (3) TMI 1145 - HC - CustomsPrinciples of Natural Justice - fiscal penalty - merging of company - sick company - Held that: - Not only the relevant present financial position of the amalgamated company EL is before this Court nor it appears to have been examined by any competent authority in the respondent – department or the respondent - DGFT himself. The waiver of interest and penalty at the time when the BIFR Scheme was sanctioned in favour of the erstwhile company KMBL, the present impugned fiscal penalty was not even asked to be waived - It is not even explained before the Court how the present petitioner which stepped into the shoes of KMBL after its merger with EL, the present petitioner EL can revive the cause after KMBL had withdrawn the challenge by withdrawal of the writ petition before the Division Bench of this Court without reserving any such liberty to reagitate the issue. The impugned order, Annexure–A, dated 25.5.2006 cannot be said to be without jurisdiction or passed in breach of principles of natural justice and therefore, the said order does not require any interference - petition dismissed - decided against petitioner.
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