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2015 (7) TMI 959 - ALLAHABAD HIGH COURT

2015 (7) TMI 959 - ALLAHABAD HIGH COURT - TMI - Waiver of pre deposit - Undue hardship - Held that:- For waiver of the pre-deposit, the appellant is required to show undue hardship that would be caused, in the event, they are required to deposit the amount. In the instant case, we find that no agreement has been raised with regard to hardship. However, prima facie, we find that once the authority permitted the appellant to cross-examine the witnesses, the same should have been done unless furthe .....

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Agarwala,J.) We have heard Sri Pradeep Jain along with Sri Sandeep Singh and Sri Tarun Chawla for the appellant and Sri Pradeep Chandra holding brief of Sri Vinod Kumar Srivastava, the learned counsel for the Department. Based on a search operation conducted at four premises a show cause notice was issued and thereafter an order in original was passed on 30th May, 2014 imposing duty and penalty on unaccounted stock of finished goods. The appellant, being aggrieved, filed an appeal under Section .....

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ntention of the learned counsel for the appellant is that proper opportunity was not given by the Commissioner before passing the order in original. It was contended that an interim reply was given with a request that the appellant may be permitted to file a detailed reply to the show cause notice after allowing them to cross examine the witnesses. According to the appellant, their request remained pending and eventually after allowing the appellant to cross examine certain witnesses, no further .....

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