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2019 Supreme(SC) 1043

ARUN MISHRA, M.R.SHAH AND B.R.GAVAI
UNION OF INDIA – Appellant
Versus
UNICORN INDUSTRIES – Respondent


Advocates Appeared:
Mr. B. Krishna Prasad, Advocate, for the Appellant; Mr. Nakul Dewan,Sr. Advocate. Mr. Rahul Narayan, Advocate, Mr. Shashwat Goel, Advocate, Mr. Digvijay Dam, Advocate, Mr. Balbir Singh, Sr. Advocate, Mr. Shantanu Tyagi, Advocate, Ms. Nandita Chouhan, Advocate and Mr. S.S. Shroff, Advocate, for the Respondent.

JUDGMENT

B.R. Gavai, J.

Leave granted in S.L.P.(C) No. 36926 of 2012.

2. The question of law that arises for consideration in these appeals is, 'as to whether, by invoking the doctrine of promissory estoppel, can the Union of India be estopped from withdrawing the exemption from payment of Excise Duty in respect of certain products, which exemption is granted by an earlier notification; when the Union of India finds that such a withdrawal is necessary in the public interest.

3. Since the factual position as well as the question of law arising in the present three appeals are common, they are heard together and disposed of by this common judgment. The appellant, Union of India, in exercise of powers conferred by sub-section (1) of Section 5A of the Central Excise Act, 1944 (1 of 1994) (hereinafter referred to as the "Central Excise Act") read with sub-section (3) of Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) and sub-section (3) of Section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), being satisfied that it is necessary in the public interest, by Notification No. 71 of 2003 dated 09.09.

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