Judgment

S.N. Variava, J.—This Appeal is against the Judgment of the Allahabad High Court dated 24th May, 2002.

2. Briefly stated the facts are as follows:

M/s Dhampur Sugar Mills Limited [hereinafter called the ‘Company’] is having its Registered Office at Dhampur, Bijnore District, U.P. It carried on business of manufacturing sugar. In 1991 it opened, at Dhampur, a unit ­manufacturing Chemicals. In 1993, it opened a unit manufacturing Particle Board at Agwanpur, Moradabad District, U.P. In 1993, it established another unit manufacturing Sugar at Rozagaon, Barabanki District and in 1995 it established a unit manufacturing Sugar at Asmoli, Moradabad District, U.P.

3. By a Notification dated 21st February, 1997 certain exemptions were granted to an undertaking which made a fixed capital investment of Rs. 50 crores or more in expansion, modernization or diversification or backward integration.

4. On 17th May, 2000 the Company styling itself as Dhampur Sugar Mills Group of Industries filed an application before the General Manager, District Industries Centre, District Bijnore. It claimed exemptions under the Notification dated 21st February, 1997 on grounds of expansion, diversification an