LAWS(BOM)-2009-3-278

LLOYDS STEEL INDUSTRIES LTD Vs. UNION OF INDIA

Decided On March 24, 2009
Lloyds Steel Industries Ltd Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Shri Bhangde, learned Senior Counsel for the petitioners, and Shri Mishra, learned Assistant Solicitor General for the respondents.

(2.) The petition is directed against the communications dated 8-1-2001, 22-1-2001 and 29-1-2001 issued by the respondent No. 4 Assistant Commissioner, Central Excise, Division II, Nagpur and respondent No. 5 Superintendent, Central Excise Range Wardha. The petitioners are also seeking declaration that petitioner no.l industry is entitled to utilise CENVAT credit for payment of Central Excise duty on clearance of final products for the relevant period.

(3.) Shri Bhangde, learned Senior Counsel for the petitioners, submitted that petitioner No. 1 is a limited Company and petitioner No. 2 is one of the shareholders of the petitioner No. 1 Company. The petitioner No. 1 Company manufactures hot rolled coil, hot rolled plates, cold rolled sheets, cold rolled coils, galvanised coils, galvanised plain sheets and galvanised corrugated sheets, which are excisable goods falling under Chapter 72 of the Central Excise Tariff.