Customs valuation dispute weakens prima facie case for full pre-deposit waiver and conditional stay of recovery.

Disputed customs valuation weakened the importer's claim for complete waiver of pre-deposit because the declared value of brass goods was lower than the contemporaneous value of brass scrap, and the supplier's purchase invoices from manufacturers were not produced. On that factual basis, the appellant failed to show a strong prima facie case for full stay of recovery, and the pre-deposit already made during investigation was treated as insufficient to protect the Revenue's interest. The appellant was therefore required to deposit a further amount within the stipulated time, and the balance demand, interest, and penalty would remain stayed only on compliance.

---

---

Issues: Whether the appellant had made out a prima facie case for waiver of pre-deposit and stay of recovery in light of the disputed customs valuation.

Analysis: The declared value of the imported brass goods was admittedly lower than the value of brass scrap during the relevant period, which created serious doubt about the correctness of the declared transaction value. The imports were from a trader, and the invoices showing the supplier's purchase price from manufacturers were not produced. In these circumstances, the appellant failed to establish a strong prima facie case for complete waiver of pre-deposit. The amount already deposited during investigation was held insufficient to safeguard the Revenue's interest.

Conclusion: The appellant was directed to deposit further of Rs. 5,00,000/- with appropriate interest within the stipulated time, and only on such payment would recovery of the balance demand, interest, and penalty remain stayed.

---