T.S. THAKUR, J.

The Commissioner of Customs (Appeals), Delhi by an interim order, impugned in this writ petition, passed under Section 129-E of the Customs Act, 1962 directed the petitioner to pre-deposit a sum of Rs.5 crores, while waiving the remainder of the duty amount held recoverable from it. Dissatisfied with the said order, the petitioner has filed the present writ petition and prayed for a complete waiver of the pre-deposit.

2. The petitioner company is a subsidiary of M/s.Cisco Systems Management B.V. (Netherlands), which in turn, is a subsidiary of M/s.Cisco Inc., USA. The latter of the two companies has entered into agreements with the petitioner for supply of equipment broadly classified into the following four different categories :

a) import of equipment for use in the STP unit;

b) import of equipment for internal use;

c) import of demonstration equipment on loan/ returnable basis; and

d) import of spare parts for supply to the customers of Cisco Inc. to support replacements of failed parts of original equipment supplied by Cisco Inc.

3. According to the petitioner, the prices of the imported goods are determined on the basis of a reference price list of