https://www.taxtmi.com/caselaws?id=105567 Rule 5 of the Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 does not apply where a change in machinery or parameters leads to a reduced annual capacity under the prescribed formula. In such cases, the revised capacity must be determined under the applicable re-computation rule, and the deeming fiction based on actual production of 1996-97 cannot be used to substitute that revised assessment. The Tribunal followed the Larger Bench view that the 1996-97 production benchmark cannot override a formula-based reassessment when capacity is reduced after the change. en-us Thu, 13 Dec 2001 00:00:00 +0530 Tue, 06 Mar 2012 12:34:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=105567 Rule 5 of the Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 does not apply where a change in machinery or parameters leads to a reduced annual capacity under the prescribed formula. In such cases, the revised capacity must be determined under the applicable re-computation rule, and the deeming fiction based on actual production of 1996-97 cannot be used to substitute that revised assessment. The Tribunal followed the Larger Bench view that the 1996-97 production benchmark cannot override a formula-based reassessment when capacity is reduced after the change. Case-Laws Central Excise Thu, 13 Dec 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105567