Pre-deposit waiver and stay of recovery granted where prior Tribunal ruling on shrink sleeves guided interim relief.

In an appeal before CESTAT, Mumbai, the appellants sought full waiver of pre-deposit and stay of recovery. The Tribunal considered an earlier decision on the same classification and credit issue relating to shrink sleeves and applied that precedent to grant interim protection. Full waiver of the pre-deposit amount was allowed, and recovery was stayed pending disposal of the appeal.

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Issues: Whether the appellants were entitled to full waiver of pre-deposit and stay of recovery in the appeal proceedings.

Analysis: The application was considered in the light of an earlier Tribunal decision on the same classification and credit issue concerning shrink sleeves. On that basis, the Tribunal found it appropriate to extend interim relief and suspend recovery pending disposal of the appeal.

Conclusion: Full waiver of the pre-deposit amount was granted and recovery was stayed.

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