2004 (8) TMI 546

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.... Smt. Shobha L. Chary, JCDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. - All the stay applications arise from common Order-in-Original enhancing the valuation of imported ball bearings and imposing penalties on the firm and Proprietor to the following extent: (a) Shri Rajnish Agarwal - Rs. 30 lakhs (b) Shri Sunil Kumar Gupta - Rs. 20 lakhs (c) ....

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....The present proceedings is as a result of the show cause notice issued on the fresh facts and order being passed for enhancement of assessments and imposing penalty. Ld. Senior Counsel submits that once the Department has withdrawn the appeal before the Tribunal on the same issue then the principles of res judicata would apply and on this principle the Apex Court judgement rendered in the case of ....

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....rial having come to light and in this regard relies on the Bombay High Court judgement rendered in the case of Union of India v. Loksons (P) Ltd. [1989 (43) E.L.T. 226 (Bom.)] and Tribunal rulings. She submits that the enhanced duty and penalty is required to be deposited for the purpose of hearing the appeal. 4. On a careful consideration we notice that the appellants have raised an impor....