High CourtsDivision Bench(2015) 12 GAU CK 0010

Shree Sai Vamika Industries vs Union of India

Gauhati High Court · Decided on 2 December 2015 · Citation: (2017) 347 ELT 93

HON’BLE JUDGES
T. Vaiphei, CJ. (Acting) and L.S. Jamir, J.
RESULT
Disposed Off
CASE NUMBER
Writ Petition (C) No. 6972 of 2015

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Judgment

4 paragraphs · 168 words

T. Vaiphei, A.C.J.—It is stated by Mr. G.N. Sahewalla, the learned senior counsel for the petitioner that the present case is covered by the order dated 19-12-2014 passed by this Court in W.P. (C) No. 6864/2014. It is, however, stated by Mr. S.C. Keyal, the learned ASGI, on instruction, that the order in question has been challenged by the department before the Apex Court by Special Leave Petition and the same is pending.

2.

The learned senior counsel for the petitioner submits that though Special Leave Petition was filed, the respondents have not obtained any stay order and, as such, the order in question still operates. We find force in the contention of the learned senior counsel.

3.

Consequently, as in W.P. (C) No. 243/2009 and others, 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 the notifications.

4.

The writ petition is disposed of in the manner indicated above.