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    <title>2013 (9) TMI 841 - CESTAT AHMEDABAD</title>
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    <description>Clearances under the Served from India Scheme were treated as having prima facie legal support for not amounting to exempt clearances under Notification No. 34/2006-C.E., so the demand for reversal or payment of 10% of the goods&#039; value was not shown to be clearly sustainable at the interim stage. Relying on the earlier view of the Bangalore Bench, the Tribunal found that the appellants had made out a prima facie case for waiver of pre-deposit and stay of recovery. Interim protection was granted, and further pre-deposit of duty and penalty was waived pending final disposal of the appeal.</description>
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      <link>https://www.taxtmi.com/caselaws?id=237409</link>
      <description>Clearances under the Served from India Scheme were treated as having prima facie legal support for not amounting to exempt clearances under Notification No. 34/2006-C.E., so the demand for reversal or payment of 10% of the goods&#039; value was not shown to be clearly sustainable at the interim stage. Relying on the earlier view of the Bangalore Bench, the Tribunal found that the appellants had made out a prima facie case for waiver of pre-deposit and stay of recovery. Interim protection was granted, and further pre-deposit of duty and penalty was waived pending final disposal of the appeal.</description>
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