1999 (9) TMI 99

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....le 226 of the Constitution of India, the petitioner challenges an order, dated 21st of May, 1999 passed by the Commissioner, Customs and Central Excise (Appeals), Ghaziabad in exercise of powers under the proviso to Section 35F of the Central Excise Act, 1944 whereby the petitioner's request for dispensing with the condition of pre-deposit of adjudicated dues has been rejected. The said order is s....

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....hardship as a ground for the said claim. The Commissioner's order shows that he has rejected the claim solely on the ground that he was of the view of that the adjudication was prima facie right. He did not go into the question of financial hardship. 4. The petitioner has a statutory right of appeal and financial hardship is the main cause in almost every case for claiming dispensation of the c....