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2009 Supreme(SC) 1296

CYRIAC JOSEPH, S.B.SINHA
Assistant Commr. (CT) LTU – Appellant
Versus
Amara Raja Batteries Ltd. – Respondent


Appearing Advocates:
For the Appellants:I. Venkatanarayanan, Sr. Advocate, Manoj Saxena, Rajneesh Kr. Singh, Rahul Shukla, T.V. George, Ms. T. Anamika, A. Chandramohan, P. Mohan Rao, Advocates.
For the Respondent:T.L.V. Iyer, S. Ganesh, Sr. Advocates, A.V. Rangam, Buddy A. Rangadhan, G. N. Reddy, V.B. Joshi, Kailash Pandey, K.V. Vishwanathan, Mrs. Shally Bhasin Maheshwari, Rishi Maheshwari, Akhil Anand, Ms. Megha Mukherjee, Advocates.

Judgment :-

S.B. Sinha, J.


1. Leave granted.


2. Interpretation of GOMs No. 108 dated 20.05.1996 falls for our consideration in this batch of appeals which are being disposed of by this common judgment.


3. Respondents are owners of various industries. Indisputably, the Government of Andhra Pradesh in order to encourage industrialization in the entire State had been evolving various schemes in terms whereof incentives were to be provided to the entrepreneurs not only for the establishment of new units but also expansion thereof. Such incentives were being granted in various forms such as subsidy, deferment/ tax holiday, rebate in electricity charges, interest subsidy, etc.


For the aforementioned purpose, government orders were being issued from time to time since 1989. By reason of GOMs No. 498 dated 16.10.1989, the government provided investment subsidy at various rates depending upon the backwardness of different districts of the State apart from granting deferment/ tax holiday on sales tax.


4. The said GOMs No. 498 dated 16.10.1989 was followed by the GOMs No. 117 dated 17.03.1993 which was operative from 3.10.1992 to 31.03.1997.


5. Another GOMs No. 386 dated 26.09.1994 was issued









































































































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