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2008 Supreme(Gau) 351

I.A.ANSARI
Magus Construction Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT

I.A. Ansari, J.

1. By making this application under Article 226 of the Constitution of India, the petitioners, who claim that petitioner No. 1 is a private limited company, engaged in the business of development and sale of immovable property, i.e., real estate, have impugned a notice, dated March 6, 2006 issued by respondent No. 3, namely, Superintendent of Central Excise, to the petitioner, whereby the petitioner-company has been asked to get itself registered under Section 69 of the Finance Act, 1994 (hereinafter referred to as, "the Finance Act, 1994"), inasmuch as the petitioner-company has been, according to respondent No. 3, "providing commercial or industrial construction service/construction of complex service". The petitioners challenge the very authority of respondent No. 3 to issue the notice, which stands impugned in the present writ petition, the case of the petitioners being, in brief thus: Petitioner No. 1 is a private limited company engaged in the business of development and sale of immovable properties, i.e., real estates. The petitioner-company constructs buildings and sells premises/flats in such buildings. During the course of development of such proper































































































































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