2008 (11) TMI 516

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....r the Appellant. Shri V.V. Hariharan, Jt. CDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  The appellants who are manufacturers of non-alloy steel hot re-rolled products are aggrieved by the order of the Commissioner of Central Excise confirming a demand of Rs. 4,58,519/- being the proportionate duty for the period 1-4-1998 to 17-6-1998 under the erstwhil....

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....y, the production should be calculated only on proportionate basis and the demand for the period 1-4-1998 to 17-6-1998 is therefore clearly unsustainable. 3. Learned Jt. CDR points out that this plea not having been raised before the adjudicating authority, no fault can be found with the impugned order which has proceeded to consider the submissions made by the appellants and which finding....