JUDGMENT

Shah, J.-M/s Hindustan Metal Pressing Works removed the excisable goods at the effective rate of duty awaiting approval of their classification list No. 2/88 in which they claimed benefit of exemption Notification No.175/86-CE dated 1-3-1986. In pursuance of the approval of the classification list on 21-6-1988, the Range Superintendent granted the refund of excise duty for the months of April 1988 to August 1988.

2. Thereafter, a show-cause notice dated 22.2.1989 was issued for recovering the said amount on the ground that it was erroneously refunded. By order dated 8.2.1990, the Assistant Collector, Central Excise confirmed the demand for a sum of Rs.2,36,515.55 on the basis of principles of unjust enrichment by the assessee. The appeal against the said order was dismissed by the Collector (Appeals) by judgment and order dated 20.11.1990. The Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as the Tribunal ) also dismissed the appeal by impugned judgment and order dated 20.10.1999. That order is challenged by filing this appeal.

3. Learned counsel appearing on behalf of the appellant submitted that the orders passed by the authoriti