2000 (1) TMI 348

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....nnan, DR, for the Respondent. [Order per : V.K. Asthana, Member (T)]. - To get this appeal heard, appellants are not required to pre-deposit any amounts as they have asked for stay of the operation of the impugned order which concerns with adjudicating the quantum of duty payable under Rule 3 of the Hot Air Stenter Independent Textile Processors' Annual Capacity Determination Rules, 1993. Un....

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....e dimensions of the gallery the figure of 5.3213 chambers has been erroneously fixed. He submits that this issue has already been considered in detail vide this Tribunal's final order No. 3072 to 3079/99 dated 6-12-1999 in the case of Raja Lakshmi Textile Processors Ltd. and Others wherein the Tribunal had held as follows:- "On a careful consideration of merits of the case, we find that all the....

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....of hearing in the matter. The appeals succeed by way of remand". He therefore prays for ratio of the said final order to be applied in this case and the matter remanded to the ld. Commissioner for re-fixing all the duty on the same basis after excluding the dimensions of the galleries. 3. Ld. D.R. reiterates. He also submits that the Commissionerate vide their letter dated 4-8-1999 had ....

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....the Stenter. The Tribunal had also relied on the decision of the Tribunal in the case of Sonia Prints (P) Ltd. as in 1999 (34) RLT 323-CEGAT wherein it had been held that since no show cause notice was issued regarding including the dimension of the galleries, therefore the resultant orders suffered from denial of principles of natural justice. Therefore, respectfully following our earlier decisio....