9911796707
TMI Blog1996 (4) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... ngaged in the manufacture of aerated waters. The 2nd petitioner is a shareholder and Director of the petitioner-company. The petitioners have a factory at Indore where they manufacture aerated waters or soft drinks under the trade names of `Thumps Up', `Bisleri', `Club Soda', `Gold spot', `Limca and Rimzim'. In the manufacture of these Aerated Waters, the petitioner-company use the following raw materials :- (i) Sugar, (ii) Carbon dioxide, (iii) Citric Acid, (iv) Non alcoholic Beverage Base (NABB). After the Aerated Waters are manufactured, they are bottled in glass bottles and capped with metal crowns. All these raw materials are purchased by the petitioner-company from the open market. Aerated waters fell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value of the final product. The value of the final product must necessarily be enhanced by excise duties paid upon the inputs. Under the Central Excises and Salt Act, 1944 and Rules certain benefits were sought to be given by way of set-off procedure and the Proforma Credit Scheme. This was changed but a new method was adopted and called Value Added Tax System popularly known as VAT System and another modified system which is popularly known as Modified Valued Added Tax System, in short Modvat System. This benefit was given to the petitioner-company by Notification No. 177/86, dated 1-3-1986. This was given in exercise of powers conferred under Rule 57A of the said Rules and this was revoked by Notification No. 203/87, dated 9-9-1987 (Annex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been taken by the Calcutta High Court in Black Diamond Beverages Ltd. v. U.O.I. Others [1988 (36) E.L.T. 225] and by Delhi High Court in Delhi Bottling Co. Ltd. v. U.O.I. Others, decided on 30-10-1987 in CWP No. 3032/87, who has dismissed the petition by a small order that it is a policy matter of the Government and can not be interferred. We have gone through all the aforesaid decisions and find that the principle of promissory estoppel in all the writ petitions is not applicable because this was one of the concession which was given under the Act. The concession has been revoked. Therefore, no principle of promissory estoppel is involved. The concession can be revoked by the person who has given it as nothing in lieu thereof has sou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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