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2013 (10) TMI 411 - AT - CustomsMis-declaration of value – Waiver of Pre-deposit – Held that:- They had in the Bill of Entry filed indicated the value of the goods under importation wrongly, they had also enclosed the high seas sale agreement and the invoices which indicated a higher value - there was no intention on the part of the appellant herein to mis-declare the value or to evade any Customs duty - Therefore, imposition of penalty on the appellant is not warranted. The decision in the case of S.K.Colombowala's Vs. CC (Import), Mumbai [2007 (7) TMI 514 - CESTAT, MUMBAI] is still pending before the Hon'ble High Court of Bombay, it would be appropriate to await the outcome of the said case, before taking a final decision in the matter - It will also be appropriate, at this stage, to grant waiver from pre-deposit of penalty adjudged against the appellant - waiver from pre-deposit of penalty granted against the appellant and stay recovery during the pendency of the appeal – Stay granted.
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