2011 (3) TMI 1124

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....pondent. Per Rakesh Kumar The appellants are re-rolling mill. The period of dispute in this appeal is from 4.7.98 to 23.12.98. During this period, the appellants were discharging duty liability under Compounded Levy Scheme based on the capacity of production. In case of the appellant, the Commissioner vide Order-in-Original dated 9.6.8 had fixed the capacity as 2675.75 M.T. per annum. Howeve....

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....r's order dated 9.06.08 fixing the Annual Capacity of Production for the appellant as 2672.75 M.T. per annum; that the appellant had filed appeal before the Tribunal against the Commissioner (Appeals)'s order and the Tribunal vide Final Order No.803 of 2010-SM dated 16.07.2010 has allowed their appeal holding that the duty liability for the period from 31.11.98 to 31.3.99 shall be based on Annual ....