2012 (5) TMI 427

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.... the Respondent (s)   Per Dr. D. M. Misra :   This is an appeal filed by the Revenue against O/A No.14/JSR/2011 dated 15.3.11.   2. Brief facts of the case are that the respondents are engaged in the manufacture of excisable goods namely, sponge iron falling under Ch.Sub.Heading 72031000. It is the case of the Revenue that during the relevant period from July, 2005 to Decem....

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....der, the Revenue has come in appeal before this Tribunal.   3. The ld A.R. (Dy.Commissioner) for the Department has submitted that the ld. Commissioner (Appeals) has not considered various grounds of the adjudicating authority while deciding the appeal. It is his submission that the ld. Commissioner (Appeals) has not considered the fact that reduced sponge iron cannot be used as input in t....

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....s an input and would be utilizing the same in the manufacture of high grade sponge iron.   5. Heard both sides and perused the records. I find that the adjudicating authority has decided the case based on Order-in-Original dated 28.3.2007 passed by the Commissioner. In the said Order dated 28.3.2007, the Commissioner in another proceeding for the same period i.e. July, 2005 to December, 20....