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1995 Supreme(SC) 603

M.N.VENKATACHALIAH, KULDIP SINGH
Assam State Electricity Board – Appellant
Versus
Brahama Putra Steels Private LTD. – Respondent


ORDER

1. Special leave granted.

2. The Government of Assam introduced an Industrial Policy called "Industrial Policy of Assam 1986" (the Policy). The Policy provided power subsidy in the following terms :

"Power subsidy

Power subsidy will be granted as follows :

With regard to the small-scale sector, power subsidy will be granted to the extent of 50% for the first five years of commercial production. There will be no ceiling to the subsidy amount which can be availed of by the small-scale sector.

Subsidy on drawal of power lines :

For the SSI units 50% of the cost incurred on drawal of Electrical Power Line, from the main line to the factory sheds, will be subsidised up to a ceiling of Rs 20,000 for each industrial unit.

Power subsidy :

(a) Power subsidy will be granted as follows :

With regard to the small-scale sector, power subsidy will be granted to the extent of 50% for the first five years of commercial production. There will be no ceiling to the subsidy amount which can be availed of by the small-scale sector.

(b) * * *

(c) Power subsidy will be allowed on actual consumption of power for manufacturing process in respect of the small-sca




















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