MADURA COATS LTD Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS appeal is against the order of the Collector of Central Excise (Appeals), Trichy, dated 29 -1 -1992. Under the impugned order, the lower appellate authority has rejected the appellants' claim for refund of the duty consequent on the lower rate of duty being prescribed by issue of Notification.

(2.) THE representative appearing for the appellants pleaded that during 6 -6 -1990 to 19 -6 -1990 the appellants in terms of the Notification 111/90, dated 16 -5 -1990 and 112/90, dated 16 -5 -1990 should have paid the lower rate of duty as against the higher rate which was paid in terms of the approved classification list filed earlier. He fairly conceded that the appellants did not file revised classification and price list consequent on the issue of these notifications. He further pleaded that the appellants filed RT 12 returns as required under Rule 173G and the same were assessed on 29 -8 -1990 by the Supdt. of Central Excise who on the assessed RT 12 returns indicated that the appellants would be eligible for the refund of the excess amount of duty paid in view of the new rates prescribed under Notifications 111/90 and 112/90 and that they should file refund claim for the same. Thereafter they filed refund claim. He pleaded that the appellants took necessary action for refund of the excess duty paid only later i.e. on 29 -1 -1991 since the appellants were under the impression that they were entitled to refund in terms of Rule 173 -I of the Central Excise Rules, 1944. Rule 173 -I is reproduced below for convenience of reference.

(3.) THE learned lower appellate authority while rejecting the plea of the appellants has observed as under :