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2013 (12) TMI 352 - CESTAT MUMBAIWaiver of pre deposit - Seller of DEPB Scrip inflated the value of the exported goods to get undue DEPB Scrip and sold it to Assessee - Import was made against that DEPB Scrip - Held that:- there is no finding in the adjudication order that applicant connived with M/s. Rajat Pharmachem Ltd. to DEPB Scrip fraudulently. The duty liability is admitted by M/s. Rajat Pharmachem Ltd. before the settlement Commissioner and the same has been paid. In the absence of finding that applicant connived with M/s. Rajat Pharmachem Ltd, in obtaining the advance licence. Prima facie the applicant has a strong case, therefore the pre-deposit of interest and penalty is waived and recovery of the same is stayed during the pendency of the appeal - Stay granted.
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