2008 (2) TMI 74

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..... er of Central Excise, Bangalore-I Commissionerate. 2. The learned advocate stated that the impugned order has been passed consequent to the CESTAT's Final Order No.57/2006 dated 10.01.2006 wherein the Tribunal directed the Original Authority to re-determine the annual capacity in view of the claim of the assessee that one furnace had been dismantled even before coming into existence of the rules .....

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..... placed on the decision of this bench in the case of CCE, Calicut Vs. Steel Complex Ltd. - 2005 (188) ELT 418 (Tri.-Bang.). If the wastes and scrap are not included, then the annual capacity would work out to only 17313.920 MT. 4. The learned departmental representative pointed out that there is no provision in the rules for excluding the wastes and scrap, end cuttings, mis-rolls. Hence he defen .....

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