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Issues: Whether full waiver of pre-deposit was warranted in a valuation dispute involving semi-finished goods proposed to be assessed under section 4A, along with the attendant demand of duty, penalty and interest.
Analysis: The goods were found to be in a semi-finished condition and not in a packed state. The stated processing chain showed that further operations were still required before the goods could be placed for sale in retail packing. On that basis, the case disclosed a strong prima facie objection to valuation under section 4A at that stage. The time-bar objection was also considered relevant at the interim stage. In these circumstances, insistence on pre-deposit of the demanded duty, penalty and interest was not justified.
Conclusion: Full waiver of pre-deposit was granted and recovery was stayed until disposal of the appeal.