CEAT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent rule is made returnable forthwith.

(2.) By this Writ Petition under Article 226 of the Constitution of India the Petitioners seek a declaration that classification made by section 88 of the Finance (No. 2) Act, 2004 disallowing utilization of the credit of Additional Excise Duty (GSI) on goods of special importance paid after 1 April 1996, but prior to 1 April 2000 for payment of duty for First and Second Schedule to Central Excise Tariff Act, 1985, but at the same time allowing utilization of credit of Additional Excise Duty on the same goods paid on or after 1st April 2000 is violative of Article 14 of the Constitution of India and hence invalid.

(3.) By prayer clause (b), a declaration is sought so as to declare the cut-off date of 1 April 2000 mentioned in the Second Schedule of the said Finance Act read with section 88(1) thereof as violative of Article 14 of the Constitution of India.