TMI Blog2000 (8) TMI 863X X X X Extracts X X X X X X X X Extracts X X X X ..... der per : Archana Wadhwa, Member (J)]. Both the appeals are taken up together as they arise out of the same set of facts and circumstances and same impugned order. 2. Vide the impugned Order, duty of Rs. 2,99,827.65 has been confirmed against M/s. JKS Fibre Glass Pvt. Ltd. along with personal penalty of Rs. 1.50 lakhs. Personal penalty of Rs. 10,000.00 has been imposed upon Shri Joy Kumar G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (SMC), claiming the classification under Heading 3907.99. He submits that the said Classification Lists were duly approved by the proper officer. As such, there was no justification for invocation of the longer period of limitation. 4. Countering the arguments, Shri R.K. Roy, learned JDR, for the Revenue submits that the appellants did not disclose the entire facts in their Classification Lists ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere duly approved. However, the Revenue s stand is that the Polyester Moulding Compound (SMC) which is in base-form, is further subjected to various processes when it attains continuous sheet form, which is a different product than the Polyester Moulding Compound. Inasmuch as the appellants have not declared sheet Moulding Compound in their Classification Lists, suppression is attributable to them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd is required to satisfy himself about the claim of classification made by the assessees. The approval is not an empty formality As such, we hold that the demand of duty raised in the year, 1995 for the period from June, 1991 to August, 1994, is barred by limitation. Accordingly, we set aside the impugned Order and allow the appeals with consequential reliefs to the appellants. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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