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2016 (9) TMI 28 - CALCUTTA HIGH COURT

2016 (9) TMI 28 - CALCUTTA HIGH COURT - TMI - Waiver of pre-deposit 10% of penalty amount directed to be deposited or to furnish 100% bank guarantee of penalty amount discretion of appellant authority to dispense with pre-deposit unconditionally or subject to some conditions inability shown by petitioner to pay the pre-deposit amount Held that: - There is nothing on record to prove that the petitioners are financially disabled to make pre-deposit of 10% of the penalty amount to have thei .....

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he respondents ORDER Challenging the order dated 18th February, 2015 passed by the Joint Director General of Foreign Trade, Kolkata under section 13 read with section 11 of the Foreign Trade (Development & Regulation) Act, 1992 imposing a penalty of ₹ 20,00,000/-, the petitioners presented an appeal under section 15 thereof. An application for waiver of pre-deposit made by the petitioners in connection with such appeal has been disposed of by the Additional Director General of Foreign .....

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placed today by Mr. Mookerjee, learned advocate for the respondents. The same has been shown to Mr. Soumyajit Dasgupta, learned advocate for the petitioners. Mr. Dasgupta has contended, relying on the Division Bench decision of the Bombay High Court reported in 1999 (111) E.L.T. 351 (Bom.) (Velcord Textiles vs. Union of India), that the order of the appellate authority should be set aside because it is absolutely silent on why the petitioners were not found entitled to complete waiver of pre-de .....

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