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2011 (7) TMI 979 - HC - CustomsDEPB scheme - Revision in DEPB rates - Doctrine of promissory estoppel - held that:- the main issue that the principle or doctrine of promissory estoppel cannot be invoked because the appellants could change the DEPB rates at anytime and thus there was no promise. Therefore the respondent cannot claim that the DEPB rate on the date of the contract should be applied. The aforesaid contention is not new and has been examined and dealt with by the Supreme Court in several cases. - Kasinka Trading and Another v. Union of India and Another, (1994 (10) TMI 64 - SUPREME COURT OF INDIA) - Shrijee Sales Corporation and Another v. Union of India, (1996 (12) TMI 61 - SUPREME COURT OF INDIA) The appellant (government) has not pleaded that why the difference in the DEPB rate was made and what prompted the huge and substantial reduction from 23% to bare 1%, in case the cap value of ₹ 200/- is taken into consideration. The appellants have not endeavoured to justify or explain why this was necessary and required. - The respondent should be given benefit of paragraph 15.15 of the handbook i.e. entitled to DEPB rate as prescribed on the “date of export”. This will mean that the respondent is entitled to DEPB rate as in the policy with effect from 15th April, 1998 @ 20% applicable to the woven jackets without any value cap. - Decided in favor of assessee (exporter).
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