2001 (10) TMI 102

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... per : Jawahar Lal Gupta, J.]. - The Commissioner of Central Excise has filed this petition under Section 35H(1) of the Central Excise Act, 1944. It is claimed that the following two questions of law arise out of the order dated April 6, 2000 [2001 (133) E.L.T. 800 (T)] passed by the Customs, Excise & Gold (Control) Appellate Tribunal. "(i)       Whether even in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....1998. The respondent applied to the Commissioner for grant of permission to change the parameters in terms of the provisions contained in Rule 4(2) of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997. The permission was granted. On the basis of the changed parameters, the annual capacity came to 7328.435 Metric Tons, as per the formulae provided under Rule 3(3) of the Rules....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e so ? 6.It is the admitted position that the capacity for the year 1996-97 was fixed on the basis of the parameters adopted by the respondent at the relevant time. Subsequently, the parameters were altered. In view of the change in parameters, it is the admitted position that the capacity was considerably reduced. In fact, it has not been disputed that the annual production had come down from ....