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2003 (7) TMI 536 - CESTAT, MUMBAIExtract: .......7) R.L.T. 409 . The Commissioner rsquo s finding that the goods in question are not covered by Sec. 37B order is prima facie wrong. We are, therefore, of the view that the applicants have made out a strong prima facie case for waiver on merits and hence dispense with the pre-deposit of duty and penalty and stay recovery thereof, pending the appeal.
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