2002 (1) TMI 214

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... P.S. Bajaj, Member (J)]. - The above captioned four appeals have been preferred by the appellants against Orders-in-Original, all dated 31-7-2001 of Commissioner of Central Excise, determining annual production capacity of their induction furnace units and directing them to pay duty in terms thereof. Since the issue involved in all these appeals is common, these are being disposed of by one commo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....preme Steel and General Mills - [2001 (133) E.L.T. 513 (S.C.) = 2001 (47) RLT-129]. The Commissioner, however, did not accept their option and through the impugned orders directed them to discharge the duty under Rule 96ZO(3) of the Rules. 3. The learned Counsel has contended that the appellants were within their right to opt out of the compound levy scheme in the light of the law laid down by ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ourt judgment in Union of India v. Supreme Steel & General Mills & Others (Supra), the appellants could opt out of compound levy scheme and request for payment of duty on actual production basis and that their options in that regard were required to be decided in the light of that judgment of the Apex Court. 5. We have heard both the sides and gone through the record. 6. The facts are not mu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 23-3-98 which was reiterated again vide letter dated 7-5-99. Similarly, the appellant No. 4 gave option vide letter dated 1-12-97 and reiterated the same in letter dated 31-3-98 for paying duty in accordance with the provisions of Section 3A of the Act. The option, could be legally exercised by them in view of the ratio of law laid down by the Apex Court in M/s. Supreme Steel & General Mills (Sup....