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2004 (3) TMI 632 - AT - Central ExciseExtract: ....... the second mill has been used sparingly or inefficiently will not alter the situation relating the capacity installed. Therefore, we hold that, the Commissioner has rightly rejected the appellant rsquo s contentions based on the aforesaid circular. 7. emsp In the circumstances, we find no merits in the appeal and the same is consequently rejected.
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