https://www.taxtmi.com/caselaws?id=327323 Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997 introduced a deeming provision for redetermining annual production capacity where the capacity worked out under Rule 3(3) was lower than actual production for 1996-97. Read with Section 3A(2) of the Central Excise Act, 1944, the rule had to be applied according to its plain language for the relevant period, and the Tribunal could not ignore its effect in favour of the earlier actual-production figure. The document states that the Tribunal's approach was unsustainable and that the reference was answered against the assessee and in favour of the Revenue. en-us Tue, 29 Sep 2015 00:00:00 +0530 Mon, 09 May 2016 00:37:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=327323 Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997 introduced a deeming provision for redetermining annual production capacity where the capacity worked out under Rule 3(3) was lower than actual production for 1996-97. Read with Section 3A(2) of the Central Excise Act, 1944, the rule had to be applied according to its plain language for the relevant period, and the Tribunal could not ignore its effect in favour of the earlier actual-production figure. The document states that the Tribunal's approach was unsustainable and that the reference was answered against the assessee and in favour of the Revenue. Case-Laws Central Excise Tue, 29 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=327323