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    <title>2009 (3) TMI 789 - CESTAT, MUMBAI</title>
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    <description>Prima facie denial of natural justice was recorded because the lower appellate authority disposed of the assessee&#039;s appeal without examining its grounds against differential duty, interest and penalty. The Tribunal noted that the order made only a passing reference to the assessee&#039;s challenge, and indicated remand would otherwise have followed. It also granted total waiver of pre-deposit and stay in view of pending Larger Bench consideration of whether provisional assessment under Rule 7 was required and whether differential duty and interest could be levied from the date of clearance. The interim relief was granted without deciding the substantive valuation, interest or penalty issues.</description>
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      <title>2009 (3) TMI 789 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=126113</link>
      <description>Prima facie denial of natural justice was recorded because the lower appellate authority disposed of the assessee&#039;s appeal without examining its grounds against differential duty, interest and penalty. The Tribunal noted that the order made only a passing reference to the assessee&#039;s challenge, and indicated remand would otherwise have followed. It also granted total waiver of pre-deposit and stay in view of pending Larger Bench consideration of whether provisional assessment under Rule 7 was required and whether differential duty and interest could be levied from the date of clearance. The interim relief was granted without deciding the substantive valuation, interest or penalty issues.</description>
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