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Union Of India vs M/S Kamakhya Cosmetics And ... on 7 December, 2015

7. Precisely for industrial development so as to bring North-East out of the industrial backwardness, investors were extended exemptions/concessions. Now, withdrawal of exemption by reducing the percentage according to the petitioners is not in keeping with the object of the industrial policy, in effect, amount to backtracking aimed at depriving the investors from the benefits of exemptions/concessions extended. The impugned notification reducing excise duty exemption already stands quashed by the Gauhati High Court while allowing batch of writ petitions. The judgment rendered in the writ petitions was assailed by the Union of India by medium of Writ Appeals Nos.230 and 243 of 2009 before the Gauhati High Court unsuccessfully as the appeals were dismissed and it was directed that all the industries set up pursuant to the policy of 1997 and 2007 shall continue to enjoy the benefits of full exemption as per the policy and notifications. The judgment dated 20.11.2014 rendered in the writ appeals captioned "Union of India & ors v. Kamakhya Cosmetics & Pharmaceuticals & ors" has been assailed before the Hon'ble Apex Court by medium of Special Leave to Appeal (C) No.(s)11878 of 2015, which is pending.
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