9911796707
TMI Blog1988 (10) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... the Excise Duty amounting to Rs. 20,39,139.40 along with the interest @ 18% per annum from the date of deposit or recovery in compliance of the order of the Collector (Appeals), Central Excise & Customs, New Delhi dated 21-6-1984 (Annx. 3). 2. The Assistant Collector, Central Excise & Customs, Kota by his order dated 2-1-1980 created a demand against the petitioner holding that the Tyre Cord is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact, the petitioner is entitled to restitution. In view of this situation, in our opinion, the petitioner is entitled to the refund of the Excise Duty recovered from it, which was not recoverable in view of the fact that the Tyre Cord has been classified under the Tariff Item No. 18 and only in accordance with that, excise duty was chargeable as found in appeal. The quantum of excise duty refunda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is further ordered that the aforesaid amount shall be paid to the petitioner on its furnishing a Bank Guarantee in respect of the amount and in case, the respondents succeed in appeal before the Tribunal, payment of the aforesaid amount of guarantee shall be made immediately. Two months' time is granted to the respondents for making payment to the petitioner as above. 6. The parties are left to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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