9911796707
TMI Blog2010 (8) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... for the first time. Even though the ROM was listed on 24-5-2010 and 5-7-2010 no one appeared on behalf of the appellants. Accordingly the ROM is taken up for disposal. 2. Heard the learned DR. 3. The appellants have submitted that the observation of the Tribunal that actual APC as per the parameter being less than the actual production of 1996-97, the same has been correctly fixed under Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determining Rules, 1997 is a mistake. They also relied upon the decision in the case of M/s. Pooja Steel and Agricultural Industry [2004 (177) E.L.T. 624 (Tri.-Mum.)] a sister concern of the petitioners wherein it was held by the Tribunal that capacity was required to be determined in view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roposed change and after hearing the appellant that the Commissioner had reconsidered the appellant s case and taken a decision in consonance with the sub-rule 4(2) of the said Rules. Under the said sub-rule 4(2), it is provided that in case of manufacturer proposes to make any change in installed machinery or any part thereof which tends to change the value of either of the parameters d , n , e , i and speed of rolling referred to in sub-rule (3) of Rule 3, such manufacturer shall intimate about the proposed change to the Commissioner of Central Excise in writing, with a copy to Assistant Commissioner of Central Excise, at least one month in advance of such proposed change, and shall obtain the written approval of the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner and the observations of the Tribunal does not cover this aspect. 7. We find that in the absence of an order by the Commissioner, it is not possible to know on what basis the APC has been fixed differently from 21-1-1998 and what transpired during the personal hearing before the Commissioner and what were the facts represented and what were the facts considered etc. The order of the Commissioner mentions that there was a personal hearing on 20-4-1998 but does not give any logic or reasoning for the fixation of APC. In the absence of a proper speaking order on the basis of facts peculiar to this case, it may not be appropriate to merely correct the mistake which cannot be corrected unless the facts are correctly brought ou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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