https://www.taxtmi.com/caselaws?id=47818 An arbitral award directing refund of excess excise duty, with interest and costs, was upheld because the challenge failed to dislodge the factual basis of the arbitrator's findings. After withdrawal of the letter enhancing duty, the contractual position reverted to the original rate, yet the higher duty continued to be charged. The court also accepted the arbitrator's adverse inference from the respondent's non-production of material evidence on Modvat benefits and raw material purchase dates. In proceedings under sections 30 and 33 of the Arbitration Act, 1940, the court refused to reappraise evidence as on appeal and found no ground to interfere with the award. en-us Thu, 23 Mar 2006 00:00:00 +0530 Sat, 31 Jul 2010 10:54:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47818 An arbitral award directing refund of excess excise duty, with interest and costs, was upheld because the challenge failed to dislodge the factual basis of the arbitrator's findings. After withdrawal of the letter enhancing duty, the contractual position reverted to the original rate, yet the higher duty continued to be charged. The court also accepted the arbitrator's adverse inference from the respondent's non-production of material evidence on Modvat benefits and raw material purchase dates. In proceedings under sections 30 and 33 of the Arbitration Act, 1940, the court refused to reappraise evidence as on appeal and found no ground to interfere with the award. Case-Laws Central Excise Thu, 23 Mar 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47818