1994 (3) TMI 236 - AT - Central Excise

Summary

The appeal was filed against a penalty of Rs. 50,000/- imposed by the Collector of Customs and Central Excise, Hyderabad for clearing goods pending approval of the classification list. The Appellate Tribunal held that there was no suppression of facts as the Department was aware of the goods being cleared based on the filed classification list. The appellants had been filing the classification list regularly and had complied with requirements. The Tribunal set aside the penalty, stating that the authorities had tacitly approved the classification by assessing the filed returns. The appeal was allowed.