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2004 (6) TMI 491 - AT - Central ExciseExtract: .......old that a prima facie case for waiver has been made out and that the decision of the Tribunal in the case of Tata Refractories Ltd. v. CCE, Bhubaneswar, 2002 (141) E.L.T. 460 relied upon by the Commissioner is prima facie distinguishable. Accordingly we dispense with the pre-deposit of duty and penalty and stay recovery thereof pending the appeal.
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