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    <title>2003 (12) TMI 520 - CESTAT, MUMBAI</title>
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    <description>Pre-deposit of customs duty and penalty was waived, and recovery stayed pending appeal, where the Tribunal found a prima facie case under the applicable exemption notification. The dispute arose from alleged non-fulfilment of Notification No. 196/94-Cus., but the assessee contended that imported capital goods, raw materials and indigenously procured goods were used for the operational needs of an aquaculture farm. In the absence of any allegation or finding that the goods were not used in production, and considering the notification language, the Tribunal treated the waiver request as justified on a prima facie basis.</description>
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    <pubDate>Tue, 30 Dec 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=112853</link>
      <description>Pre-deposit of customs duty and penalty was waived, and recovery stayed pending appeal, where the Tribunal found a prima facie case under the applicable exemption notification. The dispute arose from alleged non-fulfilment of Notification No. 196/94-Cus., but the assessee contended that imported capital goods, raw materials and indigenously procured goods were used for the operational needs of an aquaculture farm. In the absence of any allegation or finding that the goods were not used in production, and considering the notification language, the Tribunal treated the waiver request as justified on a prima facie basis.</description>
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