TMI Blog2000 (2) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... President]. Appellants are engaged in the manufacture and clearance of refrigeration and air-conditioning appliances falling under Item 29A of the First Schedule to the Central Excises and Salt Act, 1944. Those goods are classifiable under Chapter 84 of the Schedule to the Central Excise Tariff Act, 1985. The Department got information that manufacturers were grossly undervaluing the products ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... classification and price lists approved by the departmental authorities. Even for the period subsequent to that covered by the show cause notice clearances were effected on identical terms based on approved classification and price list. In spite of the show cause notice issued, which resulted in the impugned order, according to the learned Counsel representing the appellant, identical classificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioned by the issuance to the assessee of a show cause notice. It is only when the correctness of the approval is challenged that an approved classification list ceases to be such. The levy of excise duty on the basis of an approved classification list is not a short levy. Differential duty cannot be recovered on the ground that it is a short levy. Rule 10 has then no application. This was f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order passed by the adjudicating authority has only to be set aside. We do so. 5. At the time of filing of this appeal, this Tribunal directed the appellant to deposit a sum of Rs. 1 Crore in terms of the provisions contained in Section 35F of the Central Excise Act. The amount so deposited has to be refunded. Department is directed to refund that amount as expeditiously as possible, at any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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