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2008 (5) TMI 219 - HC - Central ExciseCommissioner determined the annual production capacity (APC) of the furnance at 3.2. MT on the basis of the capacity of the induction furnance recorded in the invoice of the supplier of the furnance - Rule 3(2) of the Induction Furnance Annual Capacity Determination Rules of 1997 are not attracted in the present case and as such determining the APC on the basis of any other material, i.e. certificate of the Chartered Engineer etc. or on the basis of sanctioned load of electricity cannot be made
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