2009 (3) TMI 301

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....ultant, for the Appellant. Shri A.K. Sharma, JDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. 2. Appellant filed this Appeal against the impugned order whereby benefit of Notification No. 20/07-C.E., dated 25-4-2007 was denied. As per the condition of the Notification the exemption from payment of Central Excise duty is only in respect of a new industr....

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....production in the month of January 2007 is in respect of sleepers which were yet to be inspected by the Railways before the final approval therefore the same should be treated as trial production. During argument the learned Consultant submitted that the appellant has recovered the Central Excise duty in respect of clearance made under the contract. 4. The contention of Revenue is that the Appe....