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2017 (11) TMI 1395

Head Note / Extract:
Doctrine of Promissory Estoppel - tax holiday - Section 5A of the Central Excise Act, 1944 - Held that: - In the present case, what was promised, i.e., exemption from the payment of central excise duty for a period of 10 years, had been fully complied with by the Union of India though the starting point of the grant of the benefit could be not from the date of commercial production but from the date of the notification making the exemption notification dated 08.07.1999 applicable to the State of Meghalaya. The promise made in the Office Memorandum dated 24.12.1997 having been implemented and no prejudice being caused to the respondent-industry, merely because the starting point of the exemption is shifted to a later date i.e., the date of the notification, we are of the view that the High Court was not correct in applying the principle of Promissory Estoppel to grant the benefit of exemption to the industrial unit from the date of production instead of the date of the exemption notification.

Relief accorded to parties - Held that: - the position that would emerge is that the respondent-industrial unit would be liable to pay excise duty for the period from 14.07.1999 to 01.03.2000 and would be entitled to refund for excise duty paid for the period from 14.07.2009 to 01.03.2010 - It would, therefore, really be a question of adjustment of accounts between the Revenue and the assessee. To prevent any further litigation over issues that may arise on account of demand of interest etc., we are of the view that the ends of justice would be met by the declaration of the law as has been made hereinabove leaving the parties to continue with their respective position as on date.

Appeal disposed off.


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