- (1.) Earlier this appeal was adjourned awaiting the judgment of this Court in Easland Combines v. CCE. When this appeal was taken up for hearing today Mr Bajpai, the learned counsel appearing for the Revenue invited our attention to the judgment in Easland Combines and submitted that the point involved in this appeal is covered by the said judgment.
(2.) In CCE v. Cotspun Ltd. a Constitution Bench of this Court laid down as follows: "14.The levy of excise duty on the basis of an approved classification list is the correct levy, at least until such time as to the correctness of the approval is questioned 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. 15. 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. "
(3.) Parliament has amended Section 11-A of the Central Excise Act, 1944 by the Finance Act, 2000 (10 of 2000) with effect from 17-11-1980 with a view to change the basis of the judgment in the aforementioned case.;