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april 2005

Supreme Court of India · 2005-04-05

M/S. CHANNY ENTERPRISES vs COMMNR. OF CENTRAL EXCISE, CHANDIGARH

Citation / case number
SC 2003/5364
Court
Supreme Court of India
Petitioner
M/S. CHANNY ENTERPRISES
Respondent
COMMNR. OF CENTRAL EXCISE, CHANDIGARH
Author
RUMA PAL
Bench
C.K. THAKKER RUMA PAL

Judgment text excerpt

The Supreme Court addressed the determination of Annual Capacity of Production (ACP) under Section 3-A of the Central Excise Act, 1944, specifically regarding the operation of multiple rolling mills with a single heating furnace. The Court held that the Commissioner erred in clubbing the capacities of both mills without considering the operational limitations, thus violating the prescribed rules. The Court ultimately set aside the High Court's dismissal of the appellant's petitions, ruling in favor of the appellant's interpretation of the rules governing ACP determination.

M/S. CHANNY ENTERPRISES vs COMMNR. OF CENTRAL EXCISE, CHANDIGARH · Niyam