VidhiSangh

Supreme Court of India · 12/05/2023

UNION OF INDIA & ORS. versus A. B. P. PVT. LTD. & ANR.

[2023] 6 S.C.R. 1115 · 2023 INSC 525

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Summary

The Court upheld a prospective restriction of a customs concession to specified double-width printing machinery. Protection of indigenous production was a relevant fiscal-policy consideration, and the High Court had wrongly reassessed the merits and sufficiency of that rationale. Public-interest exemptions remain judicially reviewable for legality, relevant reasons and bona fides, but courts do not choose the better economic policy. The Union’s appeal was allowed without costs.

Issues

  1. Whether narrowing the printing-machinery concession was a valid exercise of the exemption power.
  2. Whether the High Court could reject the indigenous-manufacturing rationale by assessing its sufficiency and technical merits.
  3. Whether reliance on the earlier concession through an irrevocable letter of credit prevented its prospective amendment.

Provisions considered

Held

Result

Union’s appeal allowed; High Court judgment set aside and the challenged prospective restriction of the customs concession upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 1115.