2007 (5) TMI 245

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..... IGH COURT OF JUDICATURE AT MADRAS] . However, when the Tax Appeal [2011 (7) TMI 1028 - GUJARAT HIGH COURT] came before the Gujarat High Court in the present case, in our view, the above important question of law did arise for determination. The High Court ought to have answered that question. However, instead of answering that question, the High Court has marely stated that no question of law ar .....

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..... eal No. 519/2004 (the present case) was : whether the said Rule 3 was ultra vires Section 3A of the Central Excise Act, 1944. Rule 3 deals with valuation. Earlier, the item in question was to be valued on the basis of removal of the said goods/cleared from the factory gate. However, under Rule 3, the basis of the valuation has been changed from removal/clearance to the annual production capacity. .....

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