VIMAL ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) The learned Advocate for the petitioner seeks permission to amend the prayer clause of the petition. Permission granted. Amendment to be carried out immediately.

(2.) This petition under Article 226 of the Constitution of India seeks a writ of certiorari or any other appropriate writ, direction or order quashing and setting aside the order No. C II/1410/WZB/2003 dated 11,6,2003/17.6.2003 (Annexure-J), Order No.M-5/C-IV/WZB/2004 dated 12.3.2004 (Annexure-L), OIA No. COMMR(A)/386/VDR/98 dated 25.3.1998 (Annexure-H) and OIO No.D/84/ANK/ADC/P&V/96-97 dated 27.2.1997 (Annexure-F) whereby Customs, Excise & Service Tax Appellate Tribunal, (CESTAT) West Zonal Bench, Mumbai has upheld the order of Commissioner of Appeals denying the modvat credit of Rs. 3,57,997/- to the petitioner.

(3.) Rule. Mr.Jitendra Malkan waives service of Rule on behalf of the respondents. By consent of the learned Counsel appearing for respective parties the matter is taken up for hearing and final disposal today.