https://www.taxtmi.com/caselaws?id=40683 A concessional excise duty notification for phenol formaldehyde resin was upheld as a valid exercise of rule-making power, and the fact that the concession allegedly produced a heavier burden than the tariff rate did not, by itself, make it ultra vires. The assessee had voluntarily opted for the concession, which supported application of the notification. The Court also found no statutory requirement to assess duty only on solid content after excluding water content, so the department's gross-weight method was accepted. The challenge to both the notification and the assessment basis therefore failed, and the duty demand was sustained. en-us Fri, 10 Jan 1975 00:00:00 +0530 Thu, 13 May 2010 12:32:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=40683 A concessional excise duty notification for phenol formaldehyde resin was upheld as a valid exercise of rule-making power, and the fact that the concession allegedly produced a heavier burden than the tariff rate did not, by itself, make it ultra vires. The assessee had voluntarily opted for the concession, which supported application of the notification. The Court also found no statutory requirement to assess duty only on solid content after excluding water content, so the department's gross-weight method was accepted. The challenge to both the notification and the assessment basis therefore failed, and the duty demand was sustained. Case-Laws Central Excise Fri, 10 Jan 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=40683