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As per case facts, the Central Government granted an excise duty exemption to new industries in the North Eastern Region, which the petitioners (cigarette manufacturers) availed. This benefit was later
...withheld, leading the petitioners to file writ petitions, and the High Court ordered provisional refunds. However, the exemption was eventually withdrawn for cigarettes. The Assistant Commissioner rejected further refund claims and sought recovery of amounts already refunded, a decision overturned by the High Court. The Union of India appealed this. The question arose whether Section 154 of the Finance Act, 2003, which retrospectively excluded cigarettes from the exemption, was constitutionally valid given claims of unreasonableness, arbitrariness, and violations of fundamental rights. Finally, the Supreme Court upheld Section 154, stating that Parliament has the legislative competence to amend laws retrospectively. The Court reasoned that exemption benefits are precarious and can be modified, and the retrospective amendment was a valid rectification of policy to achieve legislative intent, dismissing the petitioners' challenges.
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