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2015 (5) TMI 560 - AT - Central ExciseRectification of mistake - Whether Rule 5 of Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 would apply to the case where annual capacity of production has been re-determined in terms of Rule 4(2) on the account of change in parameters even though re-determined capacity is less than the annual production for the financial year 1996-97 - Held that:- Initially Tribunal vide order dated 9/10/2000 which is wrongly mentioned in the order 18/12/2013 as "9/10/2010" had allowed the parties' appeal - on appeal being filed by the Revenue against the order dated 9/10/2000 of the Tribunal the issue had been decided by the Hon'ble High Court against the assessee and in the favour of the Department following Apex Court's judgment in the case of CCE Chandigarh Vs. Doaba Steel Rolling Mills (2011 (7) TMI 10 - SUPREME COURT OF INDIA). Therefore, the appeal filed by the appellant has been dismissed. In view of this, last sentence in the order dated 18/12/2013 to that "it is made clear that the order of the tribunal passed on 9/10/2010 in the present appeal shall operate" is deleted. - Rectification done.
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