https://www.taxtmi.com/caselaws?id=170561 Annual production capacity for 1998-99 could be re-determined on changed parameters where the earlier fixation was only communicated by letter and was not shown to be a final adjudication order. The assessee had sought the change and paid duty under protest on the later basis, supporting the Commissioner's re-fixation under the capacity determination rules. The department's objection that the earlier fixation had attained finality, without more, was insufficient to defeat the re-determination, which was upheld. en-us Wed, 11 Aug 2010 00:00:00 +0530 Tue, 02 Jun 2015 14:29:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170561 Annual production capacity for 1998-99 could be re-determined on changed parameters where the earlier fixation was only communicated by letter and was not shown to be a final adjudication order. The assessee had sought the change and paid duty under protest on the later basis, supporting the Commissioner's re-fixation under the capacity determination rules. The department's objection that the earlier fixation had attained finality, without more, was insufficient to defeat the re-determination, which was upheld. Case-Laws Central Excise Wed, 11 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170561