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2003 Supreme(Pat) 457

AFTAB ALAM
Kamper Concast Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The Industrial Incentive Policy, 1993 of the Government of Bihar in clause 6 relating to subsidy on power consumption provided as follows:-

"6. Subsidy on power consumption: Industrial units coming into production between 1.4.93 to 31.3.98 and units defined under expansion/diversification will get the following incentive for five years from the date of production/of such expansion/diversification: i) Exemption from payment of Minimum guarantee charge for the units having connected load upto 500 K.V.A.

ii) (a) The industrial units with an investment upto 75 lakhs on plant and machinery will get power subsidy @ 18 paise per unit.

(b) The Industrial Units with an investment on plant and machinery above 75 lakhs and upto 5 crores will get power subsidy @ 15 paise per unit.

(c) Industrial units as mentioned in paragraphs (a) and (b) above coming under the defined expansion/diversification provisions will get power subsidy only for additional consumption of electricity which will be necessary for expansion or additional real production. Expansion request will be computed on the basis of maximum annual production in three years prior to the expansion.

iii) Industrial units ment







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