Waiver of pre-deposit granted where demand was already set aside and a strong prima facie case existed.

Waiver of pre-deposit was warranted at the stay stage because the disputed amount had already been adjusted against the demand and the demand itself had been set aside. On that basis, the appellants were found to have a strong prima facie case for interim relief, and the Revenue's reliance on Section 93 of the Finance Act did not defeat that relief. The entire pre-deposit was waived, and the stay application was allowed.

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Issues: Whether waiver of pre-deposit of the disputed duty amount was warranted pending hearing of the appeal.

Analysis: The amount in question had been adjusted against the demand, and the demand itself had already been set aside. In that background, the appellants were found to have a strong prima facie case for relief at the stay stage, notwithstanding the Revenue's reliance on Section 93 of the Finance Act.

Conclusion: Waiver of pre-deposit of the whole amount was granted and the stay application was allowed.

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