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2016 (9) TMI 321 - ALLAHABAD HIGH COURT

2016 (9) TMI 321 - ALLAHABAD HIGH COURT - 2016 (341) E.L.T. 603 (All.) - Validity of Rule 8(3A) of Central Excise Rules, 2002 and notices issued under aforesaid provision - Held that:- three different High Courts of the Country have already declared Rule 8(3A) of Rules, 2002 ultra vires of Constitution being unreasonable, irrational, arbitrary and violative of Article 14 of Constitution. Gujarat High Court has struck down the aforesaid Rule in Indsur Global Limited Vs. Union of India [2014 (12) .....

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ules 2002 is declared violative of Article 14 of Constitution and as a result thereof, impugned notices dated 26.10.2010, 24.11.2010 and 20.12.2010 which have been issued under the aforesaid provision, are also set aside. - Decided in favour of appellant - Writ Tax No. 85 of 2011 - Dated:- 4-8-2016 - Hon'ble Sudhir Agarwal And Hon'ble Kaushal Jayendra Thaker,JJ. For the Petitioner : S.D. Singh,Nishant Mishra For the Respondent : A.S.G.I., B.K.S.Raguvanshi ORDER 1. Heard Sri S.D. Singh, l .....

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