Kundan Care Products Limited, Augmont Enterprises Private Limited, Zaveri And Company Private Limited, Sunanda Polymers, Shri Sai Vishwas Polymers, Khandwala Enterprises Private Limited, Diamond Forever Interenational, Versus Union of India & Anr. – 2017 (8) TMI 1142 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 118 (Del.) – Denial of credit already accrued to the Petitioner on gold dore bar – Notification dated 17th August 2017 challenged – reversal of 5/6th of the CENVAT Credit which had already accrued to the Petitioner on account of payment of additional duty of customs levied under Section 3(1) of the Customs Tariff Act, 1975 paid at the time of importation of gold dore bar seeked – Held that:- The Court is of the view that the Petitioners
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ATHIBA M. SINGH JJ. Petitioner Through: Mr. Tarun Gulati, Mr. Kishore Kunal, Mr. Prashant Tahiliani, Advocates. Respondents Through: Mr. Vikas Mahajan, CGSC with Mr. S.S.Rai, Advocate for UOI/R1. Mr. Harpreet Singh, Senior Standing Counsel for R2. O R D E R 1. Notice. Mr. Vikas Mahajan, learned Central Government s Standing Counsel accepts notice for Union of India/Respondent No. 1. Mr. Harpreet Singh, learned Senior Standing Counsel accepts notice for Central Board of Excise and Customs/Respondent No. 2. 2. It is pointed out by Mr. Neeraj Kishan Kaul, learned Senior Counsel for the Petitioners that the challenge in these petitions is inter alia to the impugned Notification dated 17th August 2017, whereby the Respondents have inserted Rule
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he conditions and the credit of the CVD paid on imported gold dore bars accrued to them. 3. However, it is stated that in exercise of rule-making powers under Section 164, the Respondent issued the impugned Notification on 17th August 2017 which inserted Rule 44 A on the CGS Rules and has sought to deny the credit already accrued to the Petitioner. Rule 44 A is challenged as being ultra vires Section 140 of the CGST Act as well as the rule making powers under Section 164 thereof. It is contended that the impugned Notification is in grossly discriminatory and unreasonable and has imposed the restrictions which are applicable only to imported gold dore bars. The contention is that the impugned Notification has singled out only imported gold d
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