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2011 (3) TMI 1139

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..... their capacity of their mill and the same was under consideration as per the correspondence between the parties and no opportunity of hearing was granted before rejecting the request hence the jurisdictional Commissioner of Central Excise is directed to pass an appropriate order on the request of re-determination of the annual capacity after affording an opportunity of hearing to the Appellant. .....

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..... ant made a request for re-determination on the ground that their parameters of the mill were not correctly taken. 3. The contention of Revenue is that the request for re-determination has been rejected as conveyed by the Superintendent of Central Excise vide a letter dated 06.06.2001. After this Appellant again asked for the same relief which was rejected by the present impugned letter. 4. .....

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