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2016 (8) TMI 883

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....ager for the Appellant. Shri Ajay Kumar, Jt. Commr. (AR) for the Respondent. ORDER: This appeal has been posted for maintainability. A demand of interest has been confirmed on the appellant. Apart from order of recovery of interest of Rs. 40,81,365/-, a penalty of Rs. 40,81,365/- under Section 11AC has also been imposed. 2. The appellants have argued that Section 35F does not require p....

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....s of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person, the Commissioner (Appeals) or, as the case may be, the Appellate Tribunal, may dispense with such deposit subject to such conditions as he or it may deem fit to impose so as to safeguard the interests of revenue. Provided further that where an application is filed before the Commissioner ....