2002 (1) TMI 829

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....ent. [Order per : Gowri Shankar, Member (T)]. -  The application is for waiver of deposit of duty of Rs. 1,89,980/- and penalty of Rs. 18,980/-. 2. The duty has been demanded and penalty imposed, on the finding of the Asstt. Commissioner (whose order has been confirmed by the Commissioner (Appeals) that the hydraulic machinery manufactured by the applicant was not entitled to the bene....

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.... the agreement of sale between the parties the existence of any such clause. Clause 13 of the agreement, which imposes a restriction on the vendor not to carry on unspecified activities is relied upon by him. This clause is incomplete. It purports to say that five years from the date of sale it will not carry on any business within 250 miles from the place of business of the purchase. Even if we t....