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2014 (4) TMI 17 - AT - CustomsWaiver of pre deposit - Mis-declaration of goods - Mis-declaration in value of goods - Held that:- From the records, it is evident that the Revenue has accepted the FOB prices declared by the appellant and also sanctioned the DEPB credit on the basis of such declaration. Therefore, the mis-declaration of PMV can only be considered a as an error without any intent to contravene the law. In these circumstances, the appellant should have been only warned rather than imposed with penalty - appellant has made out a case for waiver of pre-deposit of the penalty imposed. Accordingly, we grant unconditional waiver from pre-deposit of the penalty adjudged against the appellant and stay recovery thereof during the pendency of the appeal - Stay granted.
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