1997 (1) TMI 344

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ndents. [Order per : G.R. Sharma, Member (T)]. -  The Collector of Customs (Appeals) by his Order-in-Appeal No. 1121/89-BLH, dated 13-6-1989 held that the appellants have not challenged classification of goods before the lower authority; that they have not even claimed alternate classification at the appellate stage. Notification No. 232/83-Cus. exempts goods falling within Chapter 38 o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onal rate of customs duty under Notification 232/83-Cus., dated 18-8-1993. The Assistant Collector rejected their claim on the ground that benefit of Notification 232/83 cannot be extended to the appellants. He also observed that a scrutiny of the Bill of Entry produced by the appellants showed that the assessment was done provisonally and, therefore, the claim was rejected as premature. Against t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tification No. 232/83. 4. Heard the submissions of the learned SDR and perused the evidence on record. We find that the appellants have been agitating rejection of their refund claim stating that they had been claiming refund in terms of Notification No. 232/83 that this Notification covered goods of Chapter 85. Therefore, they have submitting that since the claim has been filed in terms o....