( 1 ) THIS writ application was moved by the petitioner for a declaration that Central Excise Notification No. 203/87, dated 9th September, 1987 issued in exercise of powers conferred by Rule 57a of the Central Excise Rules, 1944 whereby the Central Government made amendment in the notification of the Government of India and the Ministry of Finance (Department of Revenue) No. 177/86-Central Excise, dated 1st March, 1986 whereby the benefit of Modified Value Added Tax (referred to as MODVAT) system to aerated waters was withdrawn.

( 2 ) THE fact of this case in short is that the petitioners are manufacturers of aerated waters viz. 'gold Spot', 'limca', Thums Up', 'rim Zim' and 'bisleri Soda' which are manufactured in the factory of the petitioners at Calcutta. It is stated that the petitioner company is manufacturing aerated waters on the basis of raw materials supplied by M/s. Parle (Exports) Private Ltd.

( 3 ) AERATED waters, as excisable commodity was brought under Excise Duty with effect from 1st of March 1970 under Item No. 1-D in the First Schedule to the Central Excises and Salt Act, 1944. While the said levy was in force, the Central Governme