THERMO ELECTRIC FURNACES Vs. COMMISSIONER OF C. EX

JUDGEMENT

(1.) The captioned appeal was admitted, vide order dated 11-1-2011, when, the following substantial questions of law were framed for consideration by this Court :

(2.) During the course of argument, both counsels agreed that one more question of law, ought to have been framed, that is, "Whether the authorities below have failed in appreciating in entirety the defence taken by the appellant in its reply dated 6-3-2001?"

(3.) In order to adjudicate upon the appeal, the following broad facts are required to be noticed :