1. This is a Revision Application filed before the Government which, on transfer, is being treated as an Appeal. The appellants cleared fertilizer shipment of Ammonium Nitrate Phosphate by ex s.s. Jag Rekha under B/E GSI No. 150 dated 12-7-1973. The ship arrived during the month of June, 1983. The Assistant Collector of Customs, Appraising Department, Bombay, assessed duty under I.C.T. Item No. 28 at 60% basic custom duty+10% auxiliary duty+15% C.V. duty amounting to Rs. 1,22,44,062.64 on the total value of Rs. 1,28,21,008.

2. The appellants later contended that the Customs authorities have wrongly assessed the duty on the consignment and, therefore, the appellants were entitled for refund. A claim was preferred on 12-11-1973 to the Assistant Collector of Customs, Bombay, for refund contending that the subject consignment was exempted from payment of 60% basic duty vide Ministry of Finance Notification No. 1.15-Customs , dated 11-8-1973 (File No. 355/1l/72-Customs-I) dated 11-8-1973. The appellants claimed the refund of Rs. 88,46,495.52. On 14-8-1974, the Assistant Collector of Customs, Bombay, rejected the refund claim on the ground that it was premature. The refund claim was