JUDGMENT

B.P. Singh, J.—The appellant herein claiming to be a “prestigious unit” having a capital investment of over Rs. 25 crores claimed exemption from payment of General Sales Tax and Central Sales Tax under Notification No. SOR 247 of August 20, 1998 issued by the Government of Jammu & Kashmir pursuant to its Industrial Policy of 1998-2003. Under the said Industrial Policy, a package of incentives was offered to industrial units, and in particular to “prestigious units” having a capital investment of Rs. 25 crores or more. The appellant Company set up a soft drink manufacturing unit in Jammu. The claim of the appellant was negatived by the State Government, which led to the filing of two writ petitions before the High Court of Jammu and Kashmir. A learned single Judge of the High Court dismissed the writ petitions holding that the petitioner was not entitled to the incentives claimed under the aforesaid Industrial Policy, as it did not validly acquire the status of a “prestigious unit”. Aggrieved thereby the appellant preferred a Letters Patent Appeal which was dismissed in limine by the judgment and order of the High Court dated October 4, 2004.

2. To appreciate the issues invol