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    <description>Long-standing sampling activity carried out with departmental knowledge, supported by registers, correspondence, inspections and earlier litigation, did not prima facie justify allegations of suppression, misrepresentation or fraud with intent to evade duty. On the limitation issue, the demand was treated as strongly arguable as time-barred because the department should have raised it earlier rather than await finality on the legal question. On that basis, unconditional waiver of pre-deposit and stay of recovery were granted pending disposal of the appeal.</description>
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