2009 (6) TMI 814

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..... mposed under Section 11AC, having held that the appellants was not guilty of any mala fide intention, we find no justification for imposition of the same. Accordingly, penalty imposed upon the appellants under Section 11AC and under Rule 25, is set aside. - E/1213/2005 - A/1412/2009-WZB/AHD - Dated:- 30-6-2009 - Ms. Archana Wadhwa, Shri B.S.V. Murthy, JJ. REPRESENTED BY : Shri J.C. Patel, .....

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..... g for the appellants submits that he is not disputing the classification adopted by the Revenue but assails the impugned demand on the point of limitation. Drawing our attention to the submissions made by them before the authorities below as regards limitation, he submits that the said authorities have not dealt with the same. He has produced before us the declarations made in terms of Rule 173B o .....

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..... claiming the classification of both the products under Chapter 30. It is well settled law that, once the classification declaration is made by the assessee and the revenue does not agree with the same, it is for the Revenue to take proper action at the relevant time. No objection having been raised by the jurisdictional Central Excise authorities to such claim of classification, the longer period .....

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