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Exemption Notification cannot discriminate between persons paying duty under different methods permissible under law
Case Law Details
- Case Name
- Union of India Vs M/s N.S Rathnam & Sons (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Brief of the case:
The Hon’ble Supreme Court in the case of M/s N.S. Rathnam & Sons held that when two methods are permissible under the statutory scheme itself to discharge duty liability then merely because with the adoption of one particular method the duty that becomes payable is lesser would not mean that two such persons belong to different categories so as to provide distinction that one enjoy full exemption under a notification and no exemption to other.
Such distinction is discrimination which is also hit by the Article 14 of the Constitution and thus, liable to be set as...





