https://www.taxtmi.com/caselaws?id=100391 Annual capacity of an induction furnace is not confined to the originally declared or first installed figure; the rules contemplate redetermination where capacity is later increased or reduced. On that construction, the relevant capacity is the actual installed capacity for the period in question, and not merely the capacity shown in the manufacturer's invoice or initial declaration. A contrary reading would render the capacity-adjustment rule ineffective. The Commissioner's approach was therefore incorrect, and the capacity had to be reconsidered on remand in light of the furnace's actual capacity. en-us Tue, 21 Aug 2001 00:00:00 +0530 Wed, 01 Feb 2012 12:54:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100391 Annual capacity of an induction furnace is not confined to the originally declared or first installed figure; the rules contemplate redetermination where capacity is later increased or reduced. On that construction, the relevant capacity is the actual installed capacity for the period in question, and not merely the capacity shown in the manufacturer's invoice or initial declaration. A contrary reading would render the capacity-adjustment rule ineffective. The Commissioner's approach was therefore incorrect, and the capacity had to be reconsidered on remand in light of the furnace's actual capacity. Case-Laws Central Excise Tue, 21 Aug 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100391