Vignesh Alloys Pvt Ltd, v. The Secretary To The Govt

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 26.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.Nos.4959 to 4961 & 10565 of 2007 and M.P.No.2 of 2007 in W.P.No.4959 of 2007 Vignesh Alloys Private Limited, A-15, Private Industrial Estate, Coimbatore - 641021.

...Petitioner in all WPs

Vs

1. The Secretary to Government, Dept. of Revenue, North Block, New Delhi - 110001.

2. The Director General, DGCEI, New Delhi.

3. The Commissioner of Central Excise, 6/7, A.T.D.Street, Race Course Road, Coimbatore - 641018.

...Respondents in

WP.Nos.4959 to 4961 of 2007

1. The Member (Central Excise), Central Board of Excise and Customs, North Block, New Delhi.

2. The Commercial of Customs and Central Excise, 6/7, A.T.D.Street, Race Course Road, Coimbatore - 641018.

...Respondents in

WP.No.10565 of 2007 PRAYER in WP.No.4959 of 2007: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Declaration, to declare the provisions of Notification 32/2006 CEN.T. dated 30.12.2006, as ultra vires of Articles 14, 19(1)(g) & 265 of the Constitution of India insofar as the petitioner is concerned.

PRAYER in WP.No.4960 of 2007: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Declaration, to declare Rule 12CC of the Central Excise Rules, 2002/Cenvat Credit Rules, 2004 introduced vide Notification No.31/2006 CEN.T. dated 30.12.2006, as ultra vires Section 37 of the Central Excise Act, 1944 and Articles 14, 19(1)(g) & 265 of the Constitution of India insofar as the petitioner is concerned. PRAYER in WP.No.4961 of 2007: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Declaration, to declare Rule 12AA of the Central Excise Rules, 2002/Cenvat Credit Rules, 2004 introduced vide Notification No.30/2006 CEN.T. dated 30.12.

2006, as ultra vires Section 37 of the Central Excise Act, 1944 and Articles 14, 19(1)(g) & 265 of the Constitution of India insofar as the petitioner is concerned. PRAYER in WP.No.10565 of 2007: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Declaration, to declare the order bearing No.6/2007-M(CX)/DA dated 26.02.2007, passed by the first respondent as ultra vires Section 37 of the Central Excise Act, 1944 and Articles 14, 19 (1)(g) & 265 of the Constitution of India insofar as the petitioner is concerned.

For Petitioner : Ms.S.G.Sanjana Sri (in all Wps) (Enrl.No.4660/2018) for Mr.S.Jaikumar For Respondents: Mr.S.R.Sundar (in all WPs) C O M M O N O R D E R Today, when the matter is taken up for consideration, the learned representing counsel for the petitioner seeks permission of this Court to withdraw the present Writ Petition. She has also made an endorsement to that effect.

2. Recording the submission and the endorsement made by the learned representing counsel for the petitioner, the Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

hvk To

1. The Secretary to Government, Dept. of Revenue, North Block, New Delhi - 110001.

2. The Director General, DGCEI, New Delhi.

3. The Commissioner of Central Excise, 6/7, A.T.D.Street, Race Course Road, Coimbatore - 641018.

4. The Member (Central Excise), Central Board of Excise and Customs, North Block, New Delhi.

+3cc to Mr.S.R.Sundar, Advocate Sr.52595, 52597, 52596 W.P.Nos.4959 to 4961 & 10565 of 2007 and M.P.No.2 of 2007 in W.P.No.4959 of 2007 nmi[co] srg 14/08/2019