2011 (11) TMI 277

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....HAWALIA, JJ. Present: Mr. Gurpreet Singh, Advocate for the appellant.   HEMANT GUPTA, J (Oral).   The appeal has been preferred by the revenue under Section 35G of the Central Excise Act, 1944 (for short "the Act") arising out of the order dated 6.7.2010 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi ( for short "the Tribunal").   The assessee is manuf....

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....e the Tribunal. The Tribunal set aside the order of determination of annual production capacity on 24.12.1998 and directed for redetermination of annual production capacity. The provisional assessment was again made on 5.5.1999 and final annual production capacity was determined on 9.2.2000. Prior to determination of annual production capacity finally, the assessee has deposited the amount of duty....