VidhiSangh

Supreme Court of India · 19/09/2019

UNION OF INDIA & ORS. versus M/S UNICORN INDUSTRIES

[2019] 12 S.C.R. 270 · 2019 INSC 1055

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Summary

Manufacturers invoked promissory estoppel against withdrawal of area-based excise exemptions for pan masala and tobacco products. The Court held that an exemption, even one promised for a fixed period, could be withdrawn in overriding public interest. Considering the health material and legislative policy, it sustained withdrawal for pan masala with and without tobacco and reversed the High Court relief preserving the concessions.

Issues

  1. Whether promissory estoppel prevented withdrawal of a fixed-period excise exemption in public interest.
  2. Whether the challenged withdrawal for pan masala and tobacco products served overriding public interest.

Held

Result

All three Union appeals were allowed without costs. The Sikkim High Court judgment and the Gauhati High Court appellate judgments were set aside. The Gauhati Single Judge’s dismissal of the manufacturers’ writ petitions was upheld, sustaining withdrawal of the exemptions.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 270.