Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Section 3A authorises capacity based taxation and rules specifying factors and the manner of determining annual production capacity; the challenged notifications and Rules prescribing machine counts, maximum capacities and a mechanistic computation formula fall prima facie within that statutory mandate and are not manifestly ultra vires. The court held the mechanistic capacity formula reasonable for prima facie review, rejecting arguments that omission of working hours or shifts rendered it irrational. Mandated CCTV for compliance and the prescribed duty rate tied to production factors were held prima facie permissible. Interim relief restraining enforcement was refused, without prejudice to final adjudication.
Section 3A authorises capacity based taxation and rules specifying factors and the manner of determining annual production capacity; the challenged notifications and Rules prescribing machine counts, maximum capacities and a mechanistic computation formula fall prima facie within that statutory mandate and are not manifestly ultra vires. The court held the mechanistic capacity formula reasonable for prima facie review, rejecting arguments that omission of working hours or shifts rendered it irrational. Mandated CCTV for compliance and the prescribed duty rate tied to production factors were held prima facie permissible. Interim relief restraining enforcement was refused, without prejudice to final adjudication.
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