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2013 (12) TMI 812 - CESTAT MUMBAILength of Galleries to be taken into consideration or not while fining the annual capacity of stenter – Held that:- Following Mahalaxmi Dyeing & Ptg. Pvt. Ltd. Versus Union of India [2010 (9) TMI 859 - BOMBAY HIGH COURT ] – the length of galleries are not to be taken into consideration – Thus, the assessee can challenge the demand raised on these basis though he has not challenged the order fixing annual capacity by the Commissioner of Central Excise – order set aside – Decided in favour of Assessee.
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