Valuation dispute over assessable value and freight treatment led to full waiver of duty and penalty in stay applications.

In stay applications arising from a valuation dispute, the appellants sought waiver of duty and penalty on the basis of a prima facie case, including the treatment of sales to industrial consumers and wholesale dealers and the inclusion of freight and insurance charges in assessable value. CESTAT, Chennai granted full waiver of the duty and the penalty of Rs. 5,000 and directed that the matter be heard out of turn.

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Issues: Whether the appellants had made out a prima facie case for waiver of duty and penalty in the stay applications arising from the dispute on valuation, including adoption of sales to industrial consumers and wholesale dealers and inclusion of freight and insurance charges.

Outcome: Full waiver of the duty and the penalty of Rs. 5,000/- was granted, and the matter was directed to be heard out of turn.

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