2003 (7) TMI 540

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....ellant. Shri A.K. Saxena, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - Arguing on the application for waiver of pre-deposit of duty of Rs. 10,91,294/- and penalty of Rs. 5 lakhs the applicants submit that the demand is prima facie not sustainable as it has been confirmed as a result of denial of the benefit of Notification No. 77/80 for non-fulfilment of export....

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....d recovery stayed pending the appeal. 2. The prayer is opposed by the learned DR who reiterates the findings of the authorities below that the applicant having failed to fulfil their export obligation within one year from the clearance of the imported goods duty free, were liable to pay duty as applicable without extending the benefit of the notification. 3. We have carefully consi....