1. Facts of the case in brief are that the respondent imported two consignments of "class E other high temperature insulating paper". In both the cases, the goods were assessed under Heading 39.01/06 of the Customs Tariff Act, 1975 and for the purpose of countervailing duty under Item 17(2) of the Central Excise Tariff on the ground that the goods consisted of presspahan paper board laminated with polyester film. Subsequently, the respondent made two refund applications contending that the goods were classifiable under Chapter 48 CTA read with Notification No. 37/78-Cus. In terms of this notification, electrical grade insulation paper and electrical grade insulation paper board falling under Chapter 48, were partially exempt from basic customs duty and there was full exemption from countervailing duty. The Asstt. Collector of Customs, however, closed both the refund claims and informed the respondent that since the assessment, of E class insulating paper was under consideration of the Central Board, of Excise and Customs, he would take up the matter after the Board had taken a decision on this point; Against this decision of, the Asstt. Collector closing their claims, the resp