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    <title>2001 (9) TMI 402 - CEGAT,  NEW DELHI</title>
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    <description>A classification dispute and request for complete waiver of pre-deposit were rejected at the interim stage because the Chemical Examiner&#039;s report supported the view that the product contained dicalcium phosphate as a calcium supplement or pharmaceutical aid, and the alternative claim that it operated only as a preservative or anti-caking agent was not made out prima facie. Financial hardship was also not established for full waiver: the BIFR reference remained only at the enquiry stage, and the profit and loss account was affected by largely notional depreciation. Partial relief was therefore granted by requiring a limited pre-deposit and staying recovery of the balance duty and penalty.</description>
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      <link>https://www.taxtmi.com/caselaws?id=97341</link>
      <description>A classification dispute and request for complete waiver of pre-deposit were rejected at the interim stage because the Chemical Examiner&#039;s report supported the view that the product contained dicalcium phosphate as a calcium supplement or pharmaceutical aid, and the alternative claim that it operated only as a preservative or anti-caking agent was not made out prima facie. Financial hardship was also not established for full waiver: the BIFR reference remained only at the enquiry stage, and the profit and loss account was affected by largely notional depreciation. Partial relief was therefore granted by requiring a limited pre-deposit and staying recovery of the balance duty and penalty.</description>
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