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Customs - Import - Export - SEZ - By: - Mr. M. GOVINDARAJAN - Dated:- 22-12-2015 Last Replied Date:- 27-12-2015 - The indirect tax laws give powers to the Central Government to grant exemption from the levy of tax/duty. The exemption may be for a particular product/service. The exemption may be either in full or in partial. The exemption may be either for a particular period or indefinite. For example, mega exemptions for various services are notified in the service tax regime. Negative list ser .....

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ed the . This may be verified in the following case laws: In Kasinka Trading V. Union of India - 1994 (10) TMI 64 - SUPREME COURT OF INDIA the Government of India had issued Notification under Section 25(1) of the Customs Act, 1962 in granting exemption from whole of the Customs duty on import of PVC resin. This Notification was to remain in force till 31.03.1981. However, even before the said date, by another Notification dated 16.10.1980, the Government withdrew the full exemption from customs .....

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ack on its promise. On the other hand the Government had justified the withdrawal of the exemption on the ground that the Government had issued notification dated 15.03.1979 with a view to equalizing sale prices of the indigenous and the imported material and to make the commodity available to the consumer at a uniform price, keeping in view the trends in the supply of the material. The Government contended that subsequently, it was realized that the international prices of the product were fall .....

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lows from the provisions of Section 25(1) of the Customs Act. The power to exempt, the Supreme Court held, includes the power to modify or withdraw the same. Such an exemption by its very nature is susceptible of being revoked or modified or subjected to other conditions. The supersession or revocation of an exemption notification in the is an exercise of the statutory power of the State under the law itself as is obvious not merely from the language of Section 25 of the Customs Act, but also fr .....

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ities between the parties and indeed the Courts would bind the Government by its promise to prevent manifest injustice or fraud. The Court also quoted with approval the following observations from Malhotra & Sons V. Union of India - AIR 1976 J&K 41 - The courts will only bind the Government by its promises to prevent manifest injustice or fraud and will not make the Government a slave of its policy for all times to come when the Government acts in its Government, public or sovereign capa .....

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