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Issues: Whether the applicant had made out a case for waiver of pre-deposit of duty and penalty on the basis that it was a factory maintained by the State Government and claimed exemption under Notification No. 1/93 for goods falling under Chapter 84.
Analysis: The applicant asserted that it manufactured goods falling under Chapter 84 of the Central Excise Tariff Act, 1985 and that, as a factory maintained by the State Government, its case was covered by sub-clause (ii) of Clause A of Notification No. 1/93 read with Explanation VIII. On that basis, it was contended that no duty was payable and that pre-deposit should be waived. The contention was sufficient at the interim stage to show a prima facie entitlement to the claimed exemption and to justify relief from deposit.
Conclusion: The applicant was held entitled to waiver of pre-deposit of duty and penalty.