ORDER :

T.S. SIVAGNANAM, J.

1. The petitioner, a public limited company engaged in the manufacture of industrial fabrics is aggrieved by the order dated 28.05.2003 passed by the Customs, Excise and Gold Control Appellate Tribunal in Final Order No.351-376/2003, in and by which the challenge to the order passed by the Commissioner of Customs and Central Excise (Appeals), Trichy dated 09.10.1997 was unsuccessful. The said order was passed by the first appellate authority confirming the order passed by the Assistant Commissioner, Central Excise Division, Trichy rejecting the refund claim made by the petitioner for refund of a sum of Rs.24,19,932.21.

2. The facts which are relevant for the disposal of the writ petition are noted herein below:

2.1. The petitioner manufactures various industrial fabrics such as rubberised textile fabrics falling under heading 5905.20 of the Central Excise Tariff Act, 1985. They were paying additional duty of excise at the rate of 10% advalorem on the rubberised textile fabrics upto 06.07.1990. As per the Finance Act which came into effect on 31.05.1990, the petitioner was eligible to claim NIL rate of additional duty of excise on the said product. Hence, on