1996 (9) TMI 291

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....cking milk. The product was exempt by Notification No. 231/82, dated 23-10-1982 and was classifiable under Tariff Item 15A(2) of the erstwhile Central Excise Tariff. With the introduction of the new Tariff, the appellants filed a classification list claiming classification of the product under sub-heading 3922.90 and also at the same time claiming the benefit of Notification 132/86. This classification list was approved by the Assistant Collector. The appellants applied for refund of Rs. 3,03,129.04 and the refund was  sanctioned except for an amount of Rs. 55,676.76. This order of sanction of refund was reviewed by the Collector and an appeal was filed with the Collector (Appeals). The Collector (Appeals) held that the product was cla....

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....r. The appellants represented that the admitted position was that the appellants were availing the benefit of Notification No. 231/82, dated 23-10-1982 upto 28-2-1986 and since these clearances upto 28-2-1986 were not to be counted for the purpose of calculating the aggregate value of clearances for the financial year 1985-86, the only period for which clearances were to be calculated was the month of March, 1986. He submitted that the admitted  position was that during the month of March, 1986,  the aggregate  cum-duty value of clearances amounted  to Rs. 8,76,703.28. It was also argued that the appellant was sanctioned a refund of Rs. 1,71,197.22 by cheque and Rs. 76,254.56 in Modvat. Learned Counsel for the appellants....