9911796707
TMI Blog2002 (1) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... four appeals have been preferred by the appellants against Orders-in-Original, all dated 31-7-2001 of Commissioner of Central Excise, determining annual production capacity of their induction furnace units and directing them to pay duty in terms thereof. Since the issue involved in all these appeals is common, these are being disposed of by one common order. 2. The appellants are engaged in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T. 513 (S.C.) = 2001 (47) RLT-129]. The Commissioner, however, did not accept their option and through the impugned orders directed them to discharge the duty under Rule 96ZO(3) of the Rules. 3. The learned Counsel has contended that the appellants were within their right to opt out of the compound levy scheme in the light of the law laid down by the Apex Court in Union of India v. Supreme Steel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... General Mills Others (Supra), the appellants could opt out of compound levy scheme and request for payment of duty on actual production basis and that their options in that regard were required to be decided in the light of that judgment of the Apex Court. 5. We have heard both the sides and gone through the record. 6. The facts are not much in dispute. The appellants no doubt initially agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 7-5-99. Similarly, the appellant No. 4 gave option vide letter dated 1-12-97 and reiterated the same in letter dated 31-3-98 for paying duty in accordance with the provisions of Section 3A of the Act. The option, could be legally exercised by them in view of the ratio of law laid down by the Apex Court in M/s. Supreme Steel General Mills (Supra), referred to by the Counsel, for payment of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants under Section 3A(4) of the Act, keeping in view the dates of options detailed above exercised by each of them for payment of duty on actual production and the law laid down in that regard by the Apex Court in the above referred case. Before passing the order the adjudicating authority will afford an opportunity of hearing to all the appellants. All the appeals of the appellants accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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