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2004 (5) TMI 207 - CESTAT, MUMBAIExtract: .......al. 2. On hearing both sides and noting that the applicants had prima facie submitted the proof of clearance to DTA against foreign exchange before the Commissioner (Appeals), we hold that a prima facie case for total waiver has been made. We accordingly dispense with the pre-deposit of duty and penalty and stay recovery thereof pending the appeal.
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