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1998 (11) TMI 255

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..... led by M/s. Fort Gloster Industries Ltd. the matter relates to the refund claim of Rs. 13,88,786.44 which had been initially granted in favour of the appellants and on review had been withdrawn by the Collector of Central Excise (Appeals), Calcutta under Order dated 11-4-1989. 2. Arguing for the appellants Shri R.N. Das, Consultant submitted that the matter relates to the period when the new Cen .....

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..... was not a case of bringing back the duty liability as was in force prior to 1-3-1986, the duty liability had been jacked up as a revenue measure from 10% to 30% ad valorem and were brought down marginally to 25% by the Govt. It was his plea that no refund was admissible in terms of the Central Excise Duties of Excise (Retrospective Exemption) Act, 1986 and that the Act was applicable only when th .....

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..... ion No. 231/86-C.E., dated 3-4-1986, the duty rate was marginally brought down to 25%. The Collector (Appeals) of Central Excise, Calcutta had observed that the Central Duties of Excise (Retrospective Exemption) Act, 1986 was meant to protect the Notifications issued from 3-3-1986 to 8-8-1986 which sought to keep the effective rate as it existed before 1-3-1986. As in the present case, the rate of .....

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