SHREE SIDHBALI ISPAT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Rule.

(3.) On interim relief, the learned counsel for the petitioner has drawn our attention to the order passed by the coordinate Bench of this Court wherein prima facie this Court was of the view that restraining the manufacturer from utilising the Cenvat credit as a general rule would not be proper as it amounts to imposing punishment even before completion of investigation and thereby it will be excessively harsh and does not achieve the object of preventing the petitioner for the limited period for not following the decision of the Gujarat High Court in the case of Dhariyal Chemicals V/s. Union of India, 2009 234 ELT 208 in Sp. C.A. No. 5769/2008 and thereafter the court passed conditional part in the given facts and circumstances.