VISHAL ENGINEERING Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of petitions arises out of common factual and legal background. They have therefore been heard together and are being disposed of by this common judgment.

(2.) Considering the nature of urgency involved, learned counsel for both the sides made detailed submissions before us for final disposal of the petitions.

(3.) For the purpose of this judgment, we may notice the facts as arising in Special Civil Application No. 5989 of 2011. The petitioner-Vishal Engineering, a partnership firm, has challenged an Order dated 1st April 2011 passed by the respondent no.4-Central Board of Excise & Customs, New Delhi ["CBEC" for short] imposing certain restrictions on the petitioner availing Cenvat Credit and excise duty benefits, in exercise of power under Rule 12AA of the CENVAT Credit Rules, 2004 and Rule 12CC of the Central Excise Rules, 2002 .