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    <title>2016 (11) TMI 982 - CESTAT HYDERABAD</title>
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    <description>Discretion under Section 129E of the Customs Act, 1962 was exercised to grant full waiver of pre-deposit in a stay application concerning customs classification of imported coal and the resulting demand, interest and penalty. The order noted that identical classification disputes had produced divergent views across Benches and had already been referred to a Larger Bench. Relying on High Court authority that an arguable issue pending before a Larger Bench generally weighs against insisting on pre-deposit, and following an earlier stay order in similar matters, the assessee was granted complete waiver pending final hearing.</description>
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      <description>Discretion under Section 129E of the Customs Act, 1962 was exercised to grant full waiver of pre-deposit in a stay application concerning customs classification of imported coal and the resulting demand, interest and penalty. The order noted that identical classification disputes had produced divergent views across Benches and had already been referred to a Larger Bench. Relying on High Court authority that an arguable issue pending before a Larger Bench generally weighs against insisting on pre-deposit, and following an earlier stay order in similar matters, the assessee was granted complete waiver pending final hearing.</description>
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