https://www.taxtmi.com/caselaws?id=243416 Competing Tribunal interpretations of Customs Exemption Notification No. 21/2002-Cus., as amended by Notification No. 61/2007-Cus., created an arguable case on whether the relevant undertaking was required pre-import or post-import. The earlier view was not treated as per incuriam because it had considered the exemption notification and the DGFT notification. With conflicting precedents already under consideration before the Supreme Court, the applicants showed a strong prima facie case for interim relief, and the furnishing of bank guarantees reinforced that conclusion. Waiver of pre-deposit and stay of further recovery proceedings were therefore granted pending disposal of the appeals. en-us Mon, 02 Dec 2013 00:00:00 +0530 Mon, 01 Sep 2014 11:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=243416 Competing Tribunal interpretations of Customs Exemption Notification No. 21/2002-Cus., as amended by Notification No. 61/2007-Cus., created an arguable case on whether the relevant undertaking was required pre-import or post-import. The earlier view was not treated as per incuriam because it had considered the exemption notification and the DGFT notification. With conflicting precedents already under consideration before the Supreme Court, the applicants showed a strong prima facie case for interim relief, and the furnishing of bank guarantees reinforced that conclusion. Waiver of pre-deposit and stay of further recovery proceedings were therefore granted pending disposal of the appeals. Case-Laws Customs Mon, 02 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=243416