https://www.taxtmi.com/caselaws?id=123696 Statutory pre-deposit under the Customs Act operates independently of the protection available under the sick industrial company framework, so BIFR sickness alone does not justify full waiver. Waiver turns on a prima facie assessment of the merits, limitation, financial hardship and revenue protection. On the facts discussed, the presence of imported materials in tested samples weakened the exemption claim, while concealment and intent to evade supported application of the extended limitation period. The stay relief was therefore limited to a conditional partial waiver, with a pre-deposit of 15% of the demanded duty and the balance remaining stayed during the appeal. en-us Wed, 14 May 2008 00:00:00 +0530 Wed, 19 Sep 2012 14:22:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=123696 Statutory pre-deposit under the Customs Act operates independently of the protection available under the sick industrial company framework, so BIFR sickness alone does not justify full waiver. Waiver turns on a prima facie assessment of the merits, limitation, financial hardship and revenue protection. On the facts discussed, the presence of imported materials in tested samples weakened the exemption claim, while concealment and intent to evade supported application of the extended limitation period. The stay relief was therefore limited to a conditional partial waiver, with a pre-deposit of 15% of the demanded duty and the balance remaining stayed during the appeal. Case-Laws Customs Wed, 14 May 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=123696