VASAVI INDUSTRIES LTD. Vs. CCE

JUDGEMENT

(1.) These 02 (two) appeals are filed by the appellants with reference to the respective impugned orders, involving common issue and therefore they were taken together for hearing and are being disposed of by this common order.

(2.) The issue relates to determination of annual capacity of production of the re -rolling mills. While determining the annual capacity of production, whether the rolling mill is of low speed or high speed is an issue to be considered in this case.

(3.) In the adjudication proceedings, the adjudicating authority has relied upon the guidelines issued by Chandigarh -I, Commissionerate. According to the Department, the speed of the mill in this case is exceeding 8.55 MTs and accordingly its annual capacity is to be determined as high speed mills at 24.356 MTs as against 8.552 MTs as claimed by the party. The party relied upon the technical report given by the Engineer of Raghavendra Industrial Testing Institute, Visakhapatnam. In that opinion, it was stated that Diameter of the roller, over and above the pinion center distance should not be accommodated and it higher dia roller is placed the gear boxes and coupling will be damaged. Accordingly, I find that the speed of the mill is around 8.33 Mts.