JUDGMENT

FATHIMA BEEVI, J.:— This is an appeal under S. 35L of the Central Excises and Salt Act, 1944. The appeal is directed against the order dated 15-4-1988 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi. The appellant is the manufacturer of Hacksaw blades and Bandsaw Blades falling under Tariff Item No. 51 -A(iv) of the Central Excise Tariff. The appellant filed a classification list as per Rule 173B of the Central Excise Rules 1944 on 26-3-1985 in respect of their products furnishing the tariff rate of 15% ad valorem by mistake instead of furnishing the effective rates of duty as per Notification No. 85/85 CE dated 17-3-1985. The aggregate value of the clearance in the preceding year i.e. 1984-85 did not exceed Rs. 75 lakhs. In the case of first clearance up to an aggregate value not exceeding Rs. 7.5 lakhs, the effective rates of duty is nil and in the case of next clearance of Rs. 7.5 lakhs, the duty is 3.75% ad valorem. The Assistant Collector of Central Excise, Hyderabad, approved the tariff rate 15% ad valorem on 3-6-1985 instead of the above effective rates as the appellant did not claim the exemption as per Notification No. 85/85 CE dated 17-3-19