LAWS(GJH)-2012-4-276

GUJARAT PARAFFINS PVT LTD Vs. UNION OF INDIA

Decided On April 30, 2012
Gujarat Paraffins Pvt. Ltd. And Anr Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner -Company engaged in the business of manufacturing of paraffin wax has prayed for the following reliefs : -

(2.) At the very outset, the learned Counsel Mr. P. M. Dave appearing for petitioner submitted that he is giving up the challenge so far as the constitutional validity of Section 87 of the Finance Act, 1997 is concerned. He submitted that he would like to confine his challenge only to the legality and validity of the Notification bearing No.14/97 -CE (N.T.) dated May 3, 1997 (hereinafter referred to as 'the impugned Notification') issued by the Central Government, insofar as it restricts the admissibility of Modvat credit for inputs imported into India.

(3.) The facts relevant for the purpose of deciding the present petition can be summarised as under : -