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1995 (12) TMI 375

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..... HOMAS, AG. C.J.-All these writ appeals can be disposed of together as the question involved in all of them is the same. Appellants are cashew exporters. When the revenue intelligence officials inspected the factories of these appellants, stock of raw cashewnuts was noticed by them and they were required to produce the accounts by the intelligence officer. But they failed to produce the accounts a .....

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..... or Counsel, who is instructed in the matter, contended that when the authority found that there is a prima facie case in favour of the appellants, it was not a proper exercise in directing that 50 per cent of the penalty amount should be deposited. Learned counsel invited our attention to the decision of a Division Bench of this Court in Alok Spices v. Deputy Commissioner (Appeals) Sales Tax and I .....

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..... e is prima facie case in favour of the appellants, the authorities should have considered whether the penalty should remain in abeyance in view of the prima facie case made out by them. 3.. It was then suggested by Shri. T. Karunakaran Nambiar, Additional Advocate-General, for Taxes, that the revisions can be disposed of as expeditiously as possible and a direction to the second respondent in thi .....

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