https://www.taxtmi.com/caselaws?id=335834 Rule 5 of the Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 may be applied to redetermine annual production capacity even without permission from the Commissioner for changes, and it is not confined to cases involving alteration of installed machinery. The Court noted that the Supreme Court had already settled that Rule 5 operates where the Rule 3(3) formula yields a lower result, so the deeming provision can be used to align the declared capacity with the prescribed base-year method. On that basis, the issue was resolved in favour of the Revenue and against the assessee. en-us Thu, 08 Dec 2016 00:00:00 +0530 Thu, 30 Mar 2017 17:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=335834 Rule 5 of the Hot Re-Rolling Steel Mills Annual Capacity Determination Rules, 1997 may be applied to redetermine annual production capacity even without permission from the Commissioner for changes, and it is not confined to cases involving alteration of installed machinery. The Court noted that the Supreme Court had already settled that Rule 5 operates where the Rule 3(3) formula yields a lower result, so the deeming provision can be used to align the declared capacity with the prescribed base-year method. On that basis, the issue was resolved in favour of the Revenue and against the assessee. Case-Laws Central Excise Thu, 08 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=335834