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ARTICLE · 20 MAY 2020

Supreme Court Upholds Retrospective Amendment Of Area Based Exemption Notifications

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The Hon'ble Supreme Court, vide its judgement dated 22 April 2020, in the case of Union of India and Another v M/s V V F Limited and Another (Civil Appeal Nos 2256-2263 of 2020) and other connected appeals.

IndiaLitigation, Mediation & Arbitration

The Hon'ble Supreme Court, vide its judgement dated 22 April 2020, in the case of Union of India and Another v M/s V V F Limited and Another (Civil Appeal Nos 2256-2263 of 2020) and other connected appeals, has upheld the validity of the notifications issued under the Central Excise Act, 1944 (Excise Act), which retrospectively amended the area based exemption schemes notified in relation to certain areas within Gujarat and the North Eastern region. 

Background

In pursuance of its objective of economic upliftment, specifically for earthquake hit regions of Gujarat and backward areas of the north eastern states, the Union Government (Government) had introduced incentive schemes for new industries located in such areas. One such scheme, effected through several notifications (Original Notifications) issued under the Excise Act, provided for exemption from excise duty levied on manufactured goods, for a period ranging from five to ten years from the date

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