1996 (8) TMI 445 - SC - VAT and Sales Tax

Whether the principle of promissory estoppel applies to the facts of this case? Held that - Appeal dismissed. The expansion carried out by the appellants in pursuance of the licence issued in February 1975 was independent and had nothing to do with the incentive announced in December 1975 as observed by the High Court. Taking all these factors into consideration no doubt that on the facts of this case the principle of promissory estoppel has no application at all.

Summary

Issues:
Application of the principle of promissory estoppel to the facts of the case.

Analysis:
The case involved a dispute regarding the application of the principle of promissory estoppel to a scheme announced by the Central Government for sugar factories. The appellants, who owned two sugar factories, completed expansion projects based on the incentives announced in 1975. However, subsequent changes in the sugar policy led to the introduction of a revised scheme in 1980, which the respondents applied to the appellants. The appellants claimed entitlement to the incentives under the 1975 scheme, arguing that the principle of promissory estoppel should apply. The High Court rejected their claim, leading to the appeal.

The doctrine of promissory estoppel, rooted in equity, aims to prevent injustice and can be invoked against the Government in its public or executive functions. However, the doctrine must yield if equity demands it. In this case, the Court found that the Government had considered various factors, including the decontrol of sugar sales, before denying the incentives under the 1975 scheme. Allowing the appellants' claim would have resulted in a significant release of sugar meant for public distribution. The Court agreed with the High Court's observation that the appellants had already benefited from the subsequent scheme in force from 1980, and it would be unfair for them to claim additional benefits under the earlier scheme.

Furthermore, the Court noted that the appellants had applied for a license in 1975, mentioning that the expansion would be done at their own expense. The expansion carried out by the appellants was independent of the incentives announced later in 1975. Considering these factors, the Court concluded that the principle of promissory estoppel did not apply in this case. The judgment cited by the appellants in support of their argument actually favored the respondents on the facts presented. Consequently, the Court dismissed the appeal, emphasizing that the principle of promissory estoppel was not applicable, and no costs were awarded.

In summary, the Court's decision hinged on the application of the principle of promissory estoppel to the Government's scheme for sugar factories. The Court found that equity did not require holding the Government bound by the earlier promise, given the changed circumstances and the benefits already received by the appellants. The Court's analysis considered various factors, including the impact on public distribution and the independent nature of the appellants' expansion projects. Ultimately, the Court ruled against the appellants, emphasizing that the doctrine of promissory estoppel was not applicable in this instance.