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2009 (6) TMI 1012 - CESTAT CHENNAIExtract: .......here is no change in the annual capacity of production, or the annual capacity of production is increased due to change in machinery of production and that Rule 5 will have no application when the change in machinery leads reduction in the ACP. We, therefore, set aside the impugned order and allow the appeal. (Dictated and pronounced in open court)
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