1998 (7) TMI 202

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..... : G.R. Sharma, Member (T)]. Arguing the stay petition for stay of the impugned order fixing the annual production capacity of the Hot-rolling Mill, Shri J.S. Agarwal, the ld. Advocate for the Applicant, submits that they had declared the value of `d (Diameter of the Mill) as 260 mm. He submitted that the Department had taken the opinion of the Experts viz. M/s. Madhav Institute of Technolog .....

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..... incorrect determination of the Annual Production Capacity of the Hot-rolled Mill of the Appellant. He, therefore, prays that the impugned order may be set aside and the Appeal papers may be sent to the ld. Commissioner concerned for re-determination of the value on the basis of the certificate issued by the Experts viz. M/s. Madhav Institute of Technology and Science in terms of their letter dated .....

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..... king of incorrect `d value for the purpose of calculating the Annual Production Capacity of the Hot-rolling Mill that led to determination of incorrect annual production capacity, we consider it a fit case needing re-examination and hence the necessity for remand. In the circumstances, the impugned order is stayed and remanded to the Commissioner concerned for redetermination of the Annual Produc .....

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