2002 (7) TMI 157

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....r (J)]. - After hearing for some time with reference to the stay petition, we find that the matter itself can be disposed of on limited issue. Accordingly the appeal was taken for regular hearing with the consent of both sides. 2. Shri K.S. Ravi Shankar, learned Advocate appearing for the appellants submitted that the issue relates to determination of Annual Capacity of Production in terms of S....

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.... of the proviso to Central Excise Act : Section 3A(2). Department stand that relief under the said proviso would be available to appellants only for the succeeding year is not in accordance with interpretation of the Act." Shri Ravi Shankar submitted that in this case, the factory was closed on 2-10-97 and the duly up to 2-10-97 has already been deposited. In these circumstances, the ratio of t....