TMI Blog2001 (8) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Bench at Mumbai passed on 14-7-2001 and received on 26-7-2001 in Application E/S/474/2001-Mum. in Appeal E/475/2001-Mum. 2. Heard learned Counsel. 3. The Appeal came up before the CEGAT on the stay Application against the collection of Rs. 61,444/-. The Appeal itself was taken up for hearing and the same has been dismissed. The petitioner herein had filed an Appeal before the CEGAT statin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the existing Agreement. 4. The learned Counsel for the petitioner has placed reliance on a decision of the CEGAT in case of Awadh Alloys (P) Ltd. v. Commissioner of Central Excise, Meerut, reported in 1999 (112) E.L.T. 719 (Tribunal) and yet another decision of the CEGAT in the case of Shree Balaji Re-Rolling v. Commissioner of Customs and C. Ex., Bhubaneshwar-II reported in 2001 (131) E.L.T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been recalculated accordingly and for the reasons recorded in this order, the impugned order was set aside and the matter was remanded back to the Commissioner for fixing the annual capacity based upon verification report of the Central Excise Authorities and to make the same effective from the date of the actual change in the parameters carried out by the appellants in that case. It is, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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