2003 (7) TMI 539

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....atel, Advocates, for the Appellant. Shri S.S. Bhagat, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. -  The application for waiver of pre-deposit of penalty of Rs. 50,000/- imposed upon the applicants herein, who are a  charitable hospital, arises out of the order of the Commissioner of Customs (Import), Mumbai. The penalty has been imposed upon on the gr....

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....required under the notification. 2.  The applicants submit that the show cause notice did not allege contravention of Clause 2(a) of the notification and further it has been stated by Shri Sunder Vaswani, Assistant General Manager of the Hospital that registration fee of Rs. 10/-, which was being collected, was not collected from patients who are not capable of paying this amount; and ther....

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....umstances the applicants therefore seek waiver of pre-deposit of the penalty. 3. The prayer is opposed by learned DR, who draws our attention to paragraphs 23 and 25 of the impugned order.  He submits that the collection of Rs. 10/- as registration charges amounts to contravention of the condition regarding provision of free treatment to outdoor patients and that the applicants have n....