TMI Blog2014 (10) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... . ORDER The petitioner is seeking for issue of certiorari to declare the provisions of the Finance Act, 1994 as amended by the Finance Act, 2008 and the Finance Act, 2010 contained under section 65(105)(zzzz) and section 65(90a) as null and void, ultra vires of Constitution of India and consequently declare all notifications and circulars issued pursuant to said Finance Act, 2007, 2008 and 2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring for petitioner, Sri. Jeevan J. Neeralagi, learned panel counsel appearing for R2 and R3 and Sri. B. Pramod, learned panel counsel appearing for R1. Similar contentions had been raised in the W.P.No. 41125 of 2010 (Vir Retail Private Limited v. Union of India [2014] 71 VST 344 (Karn)) and other connected matters filed by similarly placed persons. Co-ordinate Bench of this court after examini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner herein and accordingly this writ petition is also disposed of by hold ing that subject to decision of the apex court and reserving liberty to petitioner to make necessary application to recall the order if any pursuant to decision of the apex court. One more issue involved in the present writ petition which was not subject-matter of consideration by co-ordinate Bench relates to extending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en claimed by the petitioner does not deserve to be allowed. Parties have produced voluminous documents. The petitioner has claimed Cenvat credit in respect of certain amounts. Learned counsel contends that authorities were required to consider the same which is seriously disputed by learned counsel appearing for Revenue. In that view of the matter it would be appropriate to direct the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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