Per K.D. Mankar : The dispute in the instant appeals relates to assessment of the turbines for hydro electric equipment of a capacity not exceeding 15 MW. Demands of Rs. 25,43,39,682/- + 28,17,062/- + 6,47,500/- were confirmed against the company (appellant No. 1) along with levy of equivalent amount of penalty under Section 11AC of the Act, besides a penalty of Rs. 25 lakhs was imposed on Shri Maharajkar (appellant No. 2). The period involved is from 16.3.95 to November 1998. The larger period was invoked for demanding the duty from 16.3.95 to 9.2.98 for the first demand.

2. The appellants are claiming the concessional rate of duty available under Notification No. 205/88-CE dated 25.5.88 a amended by notification 57/95-CE. The appellants are placing reliance on the order of the Board issued from F.No. 156/9/92-CX-4 dated 19.5.92 under Section 37B whereunder it has been communicated that clearance of Fluidised Bed Combustion Boiler (FBEB) generally cleared in unassembled or disassembled condition are to be granted benefit of exemption Notification No. 205/88-CE dated 25.5.88 (earlier notification 120/81 dated 15.5.81). The benefit was to be extended subject to the condition tha