(1.) This is a petition preferred by the petitioner who has two factories one at Kim, District Surat and second at Masat, Silvassa. The petitioner is engaged in the business of manufacture of polyester yarn, falling under chapter 5402 of Central Excise Tariff Act , 1985. Both the factories of petitioner had separate Central Excise Registration number. The factories of the petitioner were running prior to the date 9/7/2004. The petitioner also availed Central Value Added Tax (CENVAT) Credit of duty paid on input and capital goods on one hand and on receipt at factory, and on the other hand, paying Central Excise duty on Finished Goods on clearance from factory. On 9/7/2004, petitioner had accumulated amount of CENVAT credit in his statutory record for both the factories separately.
(2.) The chronological events if are considered, the two notifications, as mentioned hereinabove, 30/2004 dtd. 9/7/2004 and 29/2004 of the self same date were issued. One was for the conditional exemption of duty provided to the manufacturer of textile and textile article and another for manufacturing of textile and textile item for payment of duty on finished goods and availment of CENVAT Credit of duty paid on inputs.
(3.) The prayers sought are as follow:-