TMI Blog2000 (4) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... dy, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. The prayer in the present stay petitions is for dispensing with the condition of pre-deposit of duty amount of Rs. 26,17,906.93 confirmed as duty on the 70 pcs. gold T.T. Bars and with personal penalty of Rs. 5 lakhs (Rupees five lakhs only). The other two applicants, (i) Sri Vijay Kumar Kadel, (ii) Sri Sharwan Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the Hon'ble High Court's Order, duty amount was deposited by them and Bank guarantee executed and bond given. He further submits that after the adjudication of the case, the Department has encashed the Bank guarantee of Rs. 5,00,000/-. As such, an amount of Rs. 8,26,560/- stands deposited with the Department. He further argues that the adjudicating authority has relied heavily upon the Fax Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Message and to challenge the same. 3. Countering the arguments, Shri J.M. Kennedy, ld. JDR reiterates the reasoning of the adjudicating authority and submits that it is a clear case of smuggling inasmuch as the markings found on the seized gold bars are different than the markings of actual gold bars imported by the Bank and claimed to have been purchased by the appellants from the Bank throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies on the other two applicants, we dispense with the condition of pre-deposit and take up the appeals itself inasmuch as the impugned order has been passed without observance of the principle of natural justice. We agree with the submissions made by ld. Advocate for the appellants that the Fax Message dated 29-7-1999 received by the Revenue from M/s. Brinks Arya, should have been disclosed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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