2002 (1) TMI 571

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....lant. Shri V.K. Verma, JDR, for the Respondent. [Order]. -  The appellants are engaged in the manufacture of cotton and man-made fabrics falling under Chapters 52, 54 and 55 of the Schedule to the Central Excise Tariff Act. They were working under the erstwhile Compounded Levy Scheme up to 28-2-2001. They wanted to work under the modified Compounded Levy Scheme under Rule 96ZNA from ....

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....t an open air stenter belonging to another manufacturer was used under an agreement of lease between them and the other manufacturer viz. M/s. Paras Calender. The period of the lease expired on 30-4-2001 so that, from 1-5-2001, there was no open air stenter in the appellant's factory. Counsel further submits that even the open air stenter which was used till the 30th April was not capable of carry....

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.... appeal in these terms. 4. Ld. JDR Shri V.K. Verma opposes the above prayer and, on the strength of the wordings of sub-rule (2) of Rule 96ZNA, argues that the provisions of the Scheme could not have been made applicable to the appellants as there was an open air stenter with heat setting/drying facilities in their factory as on 1st May 2001. Ld. DR, further, reiterates the findings of the....