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1994 (11) TMI 206 - SC - CustomsAmendment made by the public notice dated 11-11-1983 challenged on the doctrine of promissory estoppel Held that:- Unable to accept the submissions of the learned counsel for the appellants. These submissions are merely a different facet of the doctrine of promissory estoppel which has been held inapplicable in such a situation. In Kanishka Trading [1994 (10) TMI 64 - SUPREME COURT OF INDIA] which related to withdrawal of exemption from payment of duty etc. in exercise of the statutory powers, it was reiterated that the power to exempt includes the power to modify or withdraw that benefit and the liability to pay duty under the Customs Act, 1962 arises when the taxable event occurs being subject to payment of duty as prevalent on the date of the entry of the goods. It was held that the doctrine of promissory estoppel could not be invoked to question the withdrawal of notification issued under Section 25 of the Customs Act, 1962 when it was done in public interest. Equities have to be balanced and public interest must outweigh individual interest, Kanishka Trading clearly holds that withdrawal of such a benefit can be made in public interest during the period for which the benefit had earlier been intended. In our opinion, this is sufficient to indicate the fallacy inherent in the submissions made on behalf of the appellant. Appeal dismissed.
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