https://www.taxtmi.com/caselaws?id=100283 Rule 5 of the Hot Rerolling Steel Mills Annual Capacity Determination Rules, 1997 could not be used to refix annual capacity where the appellants' production capacity had not increased. The Tribunal followed the Larger Bench view that Rule 5 applies only where the statutory conditions for its invocation exist, including cases of unchanged capacity or augmentation through machinery changes, and not where the machinery change results in reduced capacity. The annual capacity already determined under Rule 3(3) was therefore accepted as the correct basis in favour of the assessee. en-us Wed, 05 Sep 2001 00:00:00 +0530 Tue, 31 Jan 2012 17:57:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100283 Rule 5 of the Hot Rerolling Steel Mills Annual Capacity Determination Rules, 1997 could not be used to refix annual capacity where the appellants' production capacity had not increased. The Tribunal followed the Larger Bench view that Rule 5 applies only where the statutory conditions for its invocation exist, including cases of unchanged capacity or augmentation through machinery changes, and not where the machinery change results in reduced capacity. The annual capacity already determined under Rule 3(3) was therefore accepted as the correct basis in favour of the assessee. Case-Laws Central Excise Wed, 05 Sep 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100283