2009 (6) TMI 710

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....n S. Kamal, Advocate, for the Appellant. Dr. Y.D. Banga, Jt. CDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)].  By the present application, the applicant is seeking waiver of penalty amount of Rs. 21 lakhs which is otherwise required to be deposited to enable the appellant to argue the appeal on merits. 2. After hearing the learned Advocate....

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....nd in the course of arguments that the applicant has a very good case on merits, there is no prohibition taking foreign currency while going abroad nor there is any compulsion to give any declaration in that regard. The application also refers to the financial hardship, which the applicant may suffer unless the stay is granted. It is further disclosed in the application that the applicant does not....

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....e passport of the applicant which was produced for our perusal by the learned Advocate for the applicant discloses that even as late as in April, 2009 the applicant had visited UAE. The earlier entries also disclose his frequent visits to foreign countries almost every month. A person having no source of income, as it is sought to be contended, one wonders how he can travel to foreign countries ev....