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2016 (8) TMI 283 - CESTAT CHANDIGARH

2016 (8) TMI 283 - CESTAT CHANDIGARH - 2016 (344) E.L.T. 1151 (Tri. - Chan.) - Applicability of trade notice dated 24.02.2014. - Requirement of physical control on the unit by jurisdictional officers on cigarette manufacturing unit Held that:- the trade notice is applicable to the unit which are working less than 50% of their capacity. Appellant is working more than 50% capacity in manufacture of cigarettes. Trade notice not applicable. No requirement of physical control by jurisdictional offi .....

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ken up for disposal today itself with the consent of both sides. 3. The facts of the case are that the appellant is manufacturing of cigarettes. Trade Notice No. 01/Tech/ 2014 dt. 24.02.2014, was issued with regard to procedure of partial working or non working of machines of manufacturer of cigarettes. As per the said trade notice, if any manufacturing unit is operating at a capacity lower than 50% of the total machine hours, in the said case, the authorised officers by the Commissioner of Cent .....

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sioner of Central Excise, Jalandhar for physical controller and sealing of machine of cigarettes manufacturing units. Aggrieved from the said order, the appellant is before me. 4. The Id. Counsel for the appellant submits that there is no provision in Central Excise Law that cigarettes manufactures are to be under physical control of the Jurisdictional Officers. Only, in the case the unit is functioning less than 50% of their manufacturing capacity, the trade notice issued on 24.02.2014 has laid .....

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rtain condition in certain circumstances. He further submits that the appeal against the trade notice is not maintainable in the light of the decision in the case of Vardhman SPG. & General Mills Ltd. 202 (150) ELT 855 (Tri. Del.) 6. Heard the parties and considered the submission in detail. 7. The objections of the Ld. AR is contrary to the facts of the case. As in the case of Vardhaman Spg. & General Mills Ltd. (Supra), the appellant challenged the trade notice but not in the case befo .....

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