JUDGMENT - G.F. COUTO, J.:---The constitutional validity of the Central Excise Notification No. 203/87 dated September 9, 1987, is being challenged in this Writ Petition under Article 226 of the Constitution by the petitioners, who therefore, seek a Certiorari quashing it and a Mandamus directing the respondents to continue the benefit of MODVAT Rules to Areated waters manufactured by the first petitioners, and in any event; to permit them to take the credit in respect of inputs lying in stock with them which were purchased on or before October 1, 1987.

2. The first petitioners, a Company incorporated under the Companies Act, 1956, are engaged in the manufacture of Aerated waters and soft drinks under various trade names, in their factory situated at Arlem, Goa and use therefore, several items as raw material, as well as bottles and metal crowns, purchased in the open market.

3. The excise duty payable under the Central Excises and Salt Act, 1944 (for Short, " the Act"). prior to its amendment made on March 1, 1986, was levied and collected at the rates set forth in its First schedule Aerated waters were falling under its Items I-D and therefore, the first petitioners were to pay th

Click Here to Read the rest of this document