2002 (8) TMI 180

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....rawal, Member (T)]. - The issue involved in this appeal filed by M/s. Aditya Steel Industries Limited is whether the capacity of the Stand-By Mill has to be taken into consideration while determining the Annual Capacity of Production. 2. Though the matter is listed only for hearing the Stay Petition, we take up the appeal itself for disposal, after granting the stay of the recovery. 3. Shri ....

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....the basis of facts of each case, whether the induction furnace unit has one transformer and one electrical panel or otherwise. He, further, submitted that the Board vide Circular No. 326/42/97-CX, dated 25-7-97 has mentioned that the scheme for re-rolling mills, in general terms, is on the same lines as that for the induction furnace units and, therefore, the explanation on some of the common feat....

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....eply submitted that the two circulars were issued on 25-7-97 and the common features were noticed by the Board in respect of the re-rolling mills and induction furnace mills and the clarification issued in respect of induction furnace unit was made applicable to the re-rolling mills. They also mentioned that the Circulars were brought to the notice of the Commissioner in their written submission s....

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.... in para 4.1 that the appellants had claimed that there was only one power supply in their plant with one transformer and the transformer capacity and the load contact did not permit technically both the units to run simultaneously. This averment of the appellants has not been controverted by the adjudicating authority in the impugned order, nor any material has been brought before us to controver....