2009 (9) TMI 716

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....the Respondent. ORDER The matter is being reheard by the Tribunal in terms of the directions of the Hon'ble High Court vide which the matters were remanded for reconsideration of penalty amount in the light of the law declared by the Hon'ble Supreme Court in the case of Union of India v. Dharamendra Textile Processors reported in [2008 (231) E.L.T. 3 (S.C.) = 2008 (89) RLT 103 (S.C.-L.B.)]. ....

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....vived." By observing so the Hon'ble Supreme Court has remanded the matters to the respective High Courts for deciding the question of virus of the above sub rule. 3. As a consequence, the issue of imposition of penalty under Rule 96ZQ(5)(ii) is dependent upon the outcome of a writ petition pending before various High Courts on the vires of the said rule in question. We accordingly think it appr....