JUDGMENT

NAVIN SINHA, J.

Leave granted in Special Leave Petition (Civil) Nos.5803 and 5835 of 2006.

2. The State government issued a notification bearing G.O. No. 318-GR of 1990, dated 30.11.1990, granting hundred per cent refund of central sales tax (CST), paid by small scale industrial units (SSI units) in the State, on raw materials purchased from outside the State, for a period of five years. It was superseded by G.O. No. 253-Ind/DIC of 1993 dated 01.10.1993, restricting the refund to the maximum annual purchase turnover of Rs.50 lacs to a unit holder. In monetary terms, Rs.2 lacs per annum per unit (taking the maximum rebate of CST at 4%).

3. As part of an executive policy to encourage entrepreneur investment in the State by SSI units, the appellant by G.O. No. 391-Ind of 1972 dated 21.06.1972, provided for refund of CST paid on purchase of raw materials from outside the State, for a period of 3 years from the date of the order, and 5 years from the date of production. It was superseded by G.O. No. 54-IND of 1983 dated 26.02.1983, providing for refund of CST for a period of 5 years from the date of production.

4. A fresh G.O. No. 318-GR of 1990, dated 30.11.1990, was issued in