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2004 (5) TMI 82

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.... under Article 226 of the Constitution is the order dated 8-7-2003 passed by the Customs, Excise & Service Tax Appellate Tribunal, Mumbai in Stay Application Nos. 575, 576 and 577 of 2003 (Annexure "O") and the subsequent order dated 7-1-2004 (Annexure "Q") of the Tribunal rejecting the petitioners' Misc. Application for modification of the order dated 8-7-2003. 2. By the order dated 8-7-2003, ....

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.... the petitioners, the petitioners need longer time to deposit the amounts required to be deposited as per the Tribunal's orders. It is submitted that Petitioner No. 1-firm is not in a position to run the business at present and, therefore, the petitioners will have to make arrangements for depositing the amounts as directed by the Tribunal. 5. In view of the above, in the peculiar facts and cir....

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....fter the amounts of Rs. 10 lakhs towards duty and Rs. 1 lakh towards penalty are deposited as aforesaid, the Tribunal shall hear and decide the appeals in merits. It is clarified that the petitioners are not exempted from any liability to pay interest on account of the delayed payments as and when the Tribunal ultimately decides the petitioners' appeals. 6. Before parting with the matter, we wo....