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2002 (2) TMI 266 - AT - Central ExciseExtract: .......ction is less than the Annual Capacity of Production so fixed under the provisions of sub-section (2). 4. In view of the foregoing, we set aside the impugned order and remand the matter to the Commissioner for fresh determination of the appellants duty liability in the light of the observations made by us above. Stay petition also gets disposed of.
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