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2015 (9) TMI 920

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..... are of the view that the applicant could not able to make out a prima facie case for total waiver of pre-deposit of dues adjudged in both the cases. - Partial stay granted. - Stay Petition Nos.SP-781/12, 70044/13 In Appeal Nos.Cus.Ap.202/12 & 70075/13 - ORDER NO.SO/75591-75592/2015 - Dated:- 17-6-2015 - Dr. D.M. Misra and Dr. I.P. Lal, JJ. For The Appellant : None For The Respondent .....

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..... cant during the relevant period had imported textile products valued at ₹ 2,69,71,377/- ₹ 3,05,95,994/- against advance licences No.0210022341 0210022341 dt.09.5.2001 respectively claiming exemption from payment of duty in terms of Notification No.48/1999-CUS dated 29.4.1999(Appeal No.202/11). In both the cases the applicant failed to fulfill the export obligation and diverted the .....

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..... cant had not fulfilled the export obligation as required therefore, we are of the view that the applicant could not able to make out a prima facie case for total waiver of pre-deposit of dues adjudged in both the cases. Taking into consideration overall aspect of the case, we are of the view that it is appropriate at this stage to direct the applicant to deposit 7.50% of ₹ 2.40 Crores (Appea .....

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