1980 (12) TMI 186

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....and considered the point raised in the Revision Application and at the time of personal hearing. 2. In this case, the petitioners are manufacturers of acrylic tops and had been paying duty on the said goods under Tariff Item No. 68 for the period from 19-6-1975 to 31-3-1977. Subsequently, they learnt that the correct classification of the acrylic tops was under Tariff Item 18, Central Exci....

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....e Rules and not the provisions of the Limitation Act, which were attracted in this case. This view of the Asstt. Collector was upheld in appeal by the Appellate Collector in rejecting the petitioner's appeal. 4. In the revision application the petitioners, inter alia, have contended that duty on acrylic tops was paid under tariff item 68 under a mistake of law and therefore the time limit ....

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.... of law and the impression that the goods attracted duty under item 68. They came to know about the correct classification only when the Central Board of Excise & Customs issued some clarification regarding classification of the impugned goods to the effect that the same was covered under item 18 and not under item 68, Central Excise Tariff. The advocate also contended that in the instant case the....

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....first instance classifying the said acrylic tops as duty free. 6. Government observe that this is a case in which the acrylic tops, which were charged to duty under Item 68, Central Excise Tariff due to a mistaken interpetation of the scope of Item 68, Central Excise Tariff, were made out of acrylic fibre which had already borne the burden of duty under item 18 of the Central Excise Tariff....