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2009 (10) TMI 58 - GUJARAT HIGH COURT
Principle of equity - Notification No. 33/2008-C.E dated 10.6.2008 challanged on the ground that they have effect of depriving the petitioners and other similarly situated industries and industrial units, set up pursuant to the Notification No. 39/2001-C.E dated 31.7.2001, providing for the exemption from payment of excise duty for five years – held that - principle of equity cannot be invoked so as to place fetters upon the central Government in implementing, effecting and carrying out its constitutional obligation to its citizens as such - The interest of so called promisee would certainly not outweigh the public interest and the public interest is aptly served on account of those notifications as could be seen from the record. The interest of entrepreneur cannot be understood as interest of people of Kutch - Section 38A of the Act also would be of no avail to the petitioners – petition dismissed.