2000 (7) TMI 160

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.... continued to pay the same Basic Excise Duty and Special Excise Duty during the period from 28-2-1993 to 16-3-1993. This resulted in excess payment of Special Excise Duty to the tune of Rs. 13,17,477.44 and short payment of Basic Excise Duty to the tune of Rs. 12,11,466.75. Subsequently, the appellants paid the short-paid duty on account of Basic Excise Duty on 31-3-1993 and claimed refund of excess-paid Special Excise Duty. This refund was originally rejected by the Assistant Commissioner, vide his impugned order and subsequently, confirmed by the Commissioner (Appeals) who has observed that though the Special Excise Duty being not payable lawfully, is refundable to the appellants, but as they have not shown anything on record that the sam....

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....s on the following judgments:- (i)      Collector of Central Excise, Chandigarh v. Metro Tyres Ltd. reported in 1995 (80) E.L.T. 410 (Tribunal); (ii)     Orissa Synthetics Ltd. v. Collector of Central Excise, Calcutta reported in 1999 (111) E.L.T. 571 (Tri) - 1998 (29) RLT 558 (CEGAT); (iii)    C.C.Ex., Chandigarh v. Pawan Tyres (P) Ltd. reported in 2000 (126) E.L.T. 1061 (Tribunal) = 1999 (32) RLT 238 (CEGAT); (iv)    Tamralipta Co-operative Spinning Mill Ltd. v. Commissioner of Central Excise, Calcutta-II reported in 1998 (29) RLT 894 (CEGAT); (v)     Modi Xerox Ltd. v. C.C. Ex., Meerut reported in 1999 (35) RLT 77 (CEGAT). The....