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    <title>2005 (5) TMI 389 - CESTAT, MUMBAI</title>
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    <description>Waiver of pre-deposit of penalty under Section 114 of the Customs Act was granted pending appeal because the appellant showed a prima facie case. The exports had been assessed on an allegation of overvaluation to obtain higher DEPB benefit, but the Tribunal noted that the difference between the declared value and the market value remained within the limit indicated in the Board&#039;s circular, which permitted acceptance of value up to 150% of the market value of the same goods. On that prima facie assessment, the Tribunal dispensed with pre-deposit during the appeal.</description>
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