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TMI Blog2002 (1) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, Member (T)]. - Applications are for waiver of deposit of Rs. 9,76,667/- by Daga Fibres & Synthetics Ltd., a penalty on it of Rs. 1 lakh and penalties on Gulab S. Daga, its director, Sushil Bafna, its manager, of Rs. 1 lakh and Rs. 25,000/- respectively. 2. The applicant is absent and unrepresented. Common Counsel for the applicant seeks adjournment on the ground that he has gone away t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obligation has been discharged. The notification also provides that the importer shall execute a bond with such surety or security for such sum as may be specified by the Assistant/Deputy Commissioner of Customs binding himself to pay on demand amount equal to the duty leviable on the imported materials but for the exemption contained in the notification. The importer was accordingly asked to exec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und Rs. 3.03 lakhs. Copies of shipping bills have been enclosed. The shipping bills are produced before us for the first time. The finding of the Commissioner that none of the parties filed reply to show cause notice and did not attend the hearing on any one of the five occasions fixed for hearing is not controverted in the application or appeal. These documents are therefore completely new and ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cument. The claim of financial hardship is also not supported by evidence. 7. We therefore direct deposit of the entire duty by the company and deposit by the company and each of the other two applicants of 50% of the penalty imposed on each of them, within a month from the receipt of this order. On such deposit, we waive deposit of the remaining penalty and stay its recovery. 8. Compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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