1980 (5) TMI 34

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....eared 9773 kgs. of Thin Arrowroot Biscuits on payment of duty of Rs 9260. Subsequently they brought the goods back to the factory for reprocessing under Rule 173L. The goods were reprocessed into Glucose-D biscuits and Gingernut biscuits. On the reprocessed biscuits they again paid a duty of 7859.31. This amount was later claimed as refund. The Asstt. Collector held that proviso 3(iii) to Rule 173....

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....". Admittedly the goods that were brought back for reprocessing were biscuits and the goods that were cleared after reprocessing were also biscuits. They thus fell under the same class of goods, namely, biscuits. The words used in proviso 3(iii) to Rule 173L are 'goods of the same class' and not goods of the same variety. Biscuits are excisable under sub-item (1) of Item l-C, Central Excise Tariff....