Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-10-26 disposed

Union of India vs Meghalaya Steels and Concrete Products Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A steel manufacturing company in Meghalaya sought central excise duty exemption from the date it commenced commercial production in 1999. The Government had promised exemption through an industrial policy memorandum but initially issued the exemption notification for Meghalaya only in 2000. The High Court had granted exemption from the production date using Promissory Estoppel. The Supreme Court reversed this, holding that Promissory Estoppel applies only when the Government refuses to implement its promise or withdraws it. Since the exemption was fully implemented (albeit from a later date), retrospective application was not permissible. The Court declared the law without ordering retrospective relief.

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Central Excise Tax Exemption Promissory Estoppel Industrial Policy Statutory Duty Retrospective Effect

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