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    <title>1994 (3) TMI 236 - CEGAT, MADRAS</title>
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    <description>Penalty could not be sustained for clearances made while a classification list remained pending approval, where the assessee had regularly filed classification lists, the goods were cleared on the basis of an earlier approved classification, and the Department was aware of the clearances and assessments. The delay in finalising the later classification lists was attributable to departmental inaction, so the clearances were treated as having received tacit departmental acceptance. In the absence of suppression or wilful contravention, no penalty was leviable and the penalty order was set aside.</description>
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      <description>Penalty could not be sustained for clearances made while a classification list remained pending approval, where the assessee had regularly filed classification lists, the goods were cleared on the basis of an earlier approved classification, and the Department was aware of the clearances and assessments. The delay in finalising the later classification lists was attributable to departmental inaction, so the clearances were treated as having received tacit departmental acceptance. In the absence of suppression or wilful contravention, no penalty was leviable and the penalty order was set aside.</description>
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