( 1 ) THE petitioner company manufactures Lead Oxide Grey. The dispute in this case is whether Lead Oxide is classifiable under sub-heading No. 2804. 60 as per the Central Excise Tariff Act, 1985 as Lead Oxide, Red Lead and Orange Lead or whether it is classifiable under sub-heading No. 3823. 00 as follows :-"prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included. ".

( 2 ) WITH effect from 28th February, 1986 Tariff Items under sub-heading No. 2804. 60 were introduced as separate items which read as follows :-"lead Oxide, Read Lead and Orange Lead -10%"

( 3 ) SUBSEQUENT to such introduction the petitioners paid Excise duty on the products manufactured by it under protest on the basis that the products manufactured by it were classifiable under sub-heading No. 2804. 60 and not under the residual item of Tariff.

( 4 ) ON 19th March, 1986 the Excise authorities drew samples from the petitioners' product Lead Oxide Grey.