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2003 (8) TMI 402 - CESTAT, MUMBAIExtract: .......he notice and finding in the order that the original importers had actually availed Modvat benefit on inputs imported under VBAL scheme, we are of the view that a strong prima facie case for waiver has been made out by the applicants. The requirement of pre-deposit of duty and penalty is hereby waived and recovery thereof stayed pending the appeal.
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