https://www.taxtmi.com/caselaws?id=46755 Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997 was upheld as a valid statutory fiction under the capacity-based excise scheme in Section 3A of the Central Excise Act, 1944. The Court held that fixing annual capacity by reference to actual production where the formula yielded a lower figure furthered the object of the parent statute, which permits special assessment for notified goods and industries where evasion and under-reporting are concerns. The rule was found neither inconsistent with Section 3A nor violative of Article 14 or Article 19(1)(g), and the fiscal classification was treated as within the wider latitude allowed in tax legislation. en-us Wed, 05 Mar 2003 00:00:00 +0530 Fri, 23 Jul 2010 16:47:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46755 Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997 was upheld as a valid statutory fiction under the capacity-based excise scheme in Section 3A of the Central Excise Act, 1944. The Court held that fixing annual capacity by reference to actual production where the formula yielded a lower figure furthered the object of the parent statute, which permits special assessment for notified goods and industries where evasion and under-reporting are concerns. The rule was found neither inconsistent with Section 3A nor violative of Article 14 or Article 19(1)(g), and the fiscal classification was treated as within the wider latitude allowed in tax legislation. Case-Laws Central Excise Wed, 05 Mar 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46755