2010 (2) TMI 627

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....elhi in L.P.A. No.1098 of 2006 and against the order dated 02.11.2007 of the Division Bench of the High Court of Delhi in Review Application No.396 of 2007. 3. The facts giving rise to these appeals briefly are that the appellant carries on the business of export of brass art-wares and other Indian handicrafts. On 09.10.1991, two Advance Licences were issued to the appellant for import of 240 M....

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....the appellant and its partners under Section 11(2) of the Act. Aggrieved, the appellant filed two appeals before the Appellate Authority against the two orders of penalty. Alongwith the appeals, the appellant also filed applications for stay of recovery of the penalty amounts but the appellant was intimated to make pre-deposit of Rs.5,00,000/- towards the penalties after which the appeals will be ....

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....2007 allowing the appellant to deposit a sum of Rs.20,00,000/- in each of the two appeals within 8 weeks and further directing that on such deposits being made the Appellate Authority may dispose of the appeals on merits. Thereafter, the appellant filed Review Application No.396 of 2007 which was also dismissed by the impugned order dated 02.11.2007 of the Division Bench of the High Court. 5. W....

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....ue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose." Hence, under the Act discretion is vested in the Appellate Authority to dispense with a pre-deposit of penalty either unconditionally or subject to such condition as the Appellate Authority may impose. If in exercise of such discretion, the App....