- (1.) Heard Sri Nishant Mishra and Sri M.P. Devnath, learned counsels for petitioner and perused the record.
(2.) Question of classification of petitioner's product 'Gulabari' and rate of tax was in dispute between petitioner and Central Excise Department which was finalised by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi vide judgment dated 14.01.2000, holding that product 'Gulabari' is not classified under Heading 33.03 of the First Schedule to Central Excise Tariff Act, 1985 (hereinafter referred to as 'Act 1985').
(3.) It is not disputed that in the meantime when such dispute was pending, Excise Authorities insisted upon petitioner to deposit excise duty by treating aforesaid product under classifiable Heading 33.03 and as a result whereof a total sum of Rs. 1,14,78,517/- was deposited by petitioner.;