9911796707
TMI Blog2002 (3) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... s duty leviable on import into India and the said notification was in force till 31-8-1979. The said exemption was extended from 31-8-1979 to 31-8-1980 and thereafter again extended up to 31-3-1981 by another Notification No. 37 of 25-3-1980. 3.In the writ petitions it is prayed that imposition of the said duty is without the authority of law and such levy is violative of the petitioners rights as conferred under Article 19(1)(g), 301 and 301A of the Constitution. It is mentioned in these petitions that imposition of the Customs Duty is violative of the petitioners rights under Article 19(1)(g) of the Constitution. It is also mentioned that the public interest which had prompted the respondents to pass an exemption cannot acquire an altog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exempted PVC resin from the customs duty. The Division Bench while deciding the writ petition filed by Jain Shudh Vanaspati examined the plea of promissory estoppel. The plea of promissory estoppel was earlier examined by a Division Bench of our Court in M/s. Super Traders v. Union of India - 1983 (12) E.L.T. 258. In Super Traders (supra) this Court observed as under :- "In the matter of import and export no party can claim any vested right to compel the Government or the legislature to refrain from making any changes during the financial year. This is because the position of foreign exchange varies so much and the requirement and the considerations of national economy are so urgent that it would be trespassing on the legislative and adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantum of tax levied by the taxing statute, the conditions subject to which it is levied, the manner in which it is sought to be recovered, are all matters within the competence of the Legislature, and in dealing with the contention raised by a citizen that the taxing statute contravenes Article 19 Courts would naturally be circumspect and cautious." 9.In Daruka Co. v. Union of India - 1999 (110) E.L.T. 419 (S.C.) = AIR 1973 SC 2711, the Supreme Court while examining the question of public interest in a case of similar nature observed that "If the Government decides an economic policy that import or export should be by a selected channel or through selected agencies the court would proceed on the assumption that the decision is in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oid confusion, we deem it appropriate to set out the prayer clause of each petition in the succeeding paragraphs and indicate our operative orders. C.W. No. 1124 of 1982 - Jain Shudh Vanaspati. Ltd. v. Union of India and Others is dismissed with costs. Interim order passed by this Court on 19-4-1982 is vacated. C.W. No. 2652 of 1981 - Jindal Paper Mills Ltd. and Others v. Union of India and Others is dismissed with costs. Interim order passed by this Court on 25-11-1981 is vacated. C.W. No. 401 of 1981 - M/s. Reflex International (P) Ltd. v. Union of India and Another is dismissed with costs. The petitioners are not entitled to any refund of the amount as prayed. C.W. No. 402 of 1981 - M/s. Reflex International (P) Ltd. v. Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
