UNION OF INDIA versus VICTORY PLASTIC PVT. LTD. AND ANR.

UNION OF INDIA versus VICTORY PLASTIC PVT. LTD. AND ANR.

Since the letters of credit were opened and the transaction entered into only after the notification dated October 16, 1980, the respondent was not entitled to the full exemption granted by the earlier notification, and must be governed by the modified notification.

Parties
Appellant: Union of India; Respondent: Victory Plastic Pvt. Ltd.; Respondent: Anr.
Jurisdiction
India
Judgment Date
13 February 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 16.6.93 of the Bombay High Court in W.p. No. 1678 of 1983
Outcome
Appeal allowed; judgment of the High Court set aside.
Legal Topics
Exemption Notifications, Retrospective Application of Notifications, Promissory Estoppel
Customs Law Exemption Notifications Retrospective Application of Notifications Promissory Estoppel

Case Brief

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Parties

Union of India

Appellant

Victory Plastic Pvt. Ltd.

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 16.6.93 of the Bombay High Court in W.p. No. 1678 of 1983

Legal Issues

  1. 1 Whether the respondent was entitled to full exemption of customs duty on P.V.C. resin under the notification dated March 15, 1979 after another notification dated October 16, 1980 had limited the exemption.

Ratio Decidendi

Since the letters of credit were opened and the transaction entered into only after the notification dated October 16, 1980, the respondent was not entitled to the full exemption granted by the earlier notification, and must be governed by the modified notification.

Court Disposition

Appeal allowed; judgment of the High Court set aside.

Orders

  • Appeal allowed.
  • Judgment of the High Court is set aside.