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Issues: Whether an invoice or certificate relating to modification of an induction furnace could be treated as "any other material" for determining the original capacity of the furnace under the capacity-determination rules, and whether the assessee could claim re-determination of annual capacity without following the prescribed procedure for change in furnace capacity.
Analysis: Rule 3 required the Commissioner to ascertain the total furnace capacity on the basis of the authenticated invoice or document relating to the furnace as supplied or installed. The expression "any other material" in the alternative machinery under Rule 3(2) was held to refer to material bearing on the original supply or installation of the furnace, not to a later document concerning modification of its capacity. Rule 4 provided a separate and specific mechanism for increase or reduction in furnace capacity, including prior intimation and written approval before the change. Since the assessee had not followed that procedure, the document relating to modification could not substitute for the original installation material.
Conclusion: The modified-furnace invoice was not acceptable for determining the original installed capacity, and the impugned re-determination of capacity and duty liability was sustained.
Final Conclusion: The appeal failed because the assessee did not establish entitlement to capacity re-determination on the basis of modification documents, and the order of the Commissioner was upheld.
Ratio Decidendi: For furnace-capacity determination under the relevant rules, the relevant evidence is the invoice or document showing the furnace as originally supplied or installed, while later modification documents cannot replace the mandatory procedure prescribed for change in installed capacity.