TaxTMI 
TaxTMI 
2002 (7) TMI 599
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt. [Order per : S.S. Kang, Member(J)]. - Appellants filed this appeal against the order-in-appeal passed by the Commissioner (Appeals) whereby the refund, claimed by the appellants, was rejected. 2. Heard both sides. 3. Appellants are engaged in the manufacture of HDPE tapes/strips. During the period from 6-10-86 to 5-6-90, appellants were classifying the goods, in question, u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hich the central excise duty was paid, were further used in the manufacture of fabric and proviso (c) to Section 11B(2) of the Central Excise Act, specifically, provides that amount of excise duty determined as refundable shall instead of being credited to the fund be paid to an assessee if the amount is relatable to refund of excise duty paid on goods used as inputs and the appellants relied upon....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ellants. After considering these figures, the adjudicating authority gave a finding of fact that during the relevant period, duty payable is more than the refund claimed by the assessee and there was no excess payment made by the assessee. In fact, the appellants paid less duty after classification of the goods under Chapter 39 during the relevant period. This finding of fact was not challenged be....