IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH and MADHURESH PRASAD, JJ.
(10.8.2022)
CWJC Nos.4051 of 2021 with 6032 of 2022
M/s Leoline Foods Pvt. Ltd. : Petitioner
(in both)
Vs.
State of Bihar & Ors. : Respondents
(in both)
Bihar Industrial Incentive Policy, 2011–Clause 2(vi) read with Clause 8 of Bihar Industrial Incentive Policy, 2016–Grant of benefit of incentive of subsidy for purchase of Diesel Generating Sets–Respondents have not raised any doubt against petitioner in respect of its eligibility to draw incentives under Bihar Industrial Incentive Policy, 2011–Approval having already been granted by S.I.P.B. headed by Principal Secretary of Department of Industries in favour of unit in question, respondents cannot deny benefits of incentives under Bihar Industrial Incentive Policy, 2011 to petitioner–Petitioner has been able to establish its case that it altered its position on the assurance of State Government proclaimed under Industrial Incentive Policy, 2011 read with Food Processing Policy, 2008, by establishing a food processing unit in accordance with procedure laid down therefor–State Government cannot deny benefits available under Industrial Incentive Policy, 2011 on ground of subsequent Industrial Incentive Policy, announced in 2016–Opposition made by State Government to petitioner's claim is hit by doctrine of promissory estoppel–No laches is attributable to petitioner for which it could be denied benefits of incentives under Bihar Industrial Incentive Policy, 2011–Petitioner is entitled to subsidy/ incentives under Bihar Industrial Incentive Policy, 2011–Writ Applications allowed with cost of Rs. 10,000/- each payable to petitioner. (Paras 33, 35, 37, 40, 43, 47, 52 and 53)
M/s Suprabhat Steel Ltd. Vs. State of Bihar, 1995(2) PLJR 536; M/s Sunny Stars Hotels Pvt. Ltd. Vs. State of Bihar, 2020 (2) BLJ 55; Motilal Padampat Sugar Mills Co. Ltd. Vs. State of U.P., (1979) 2 SCC 409; State of Punjab Vs. Nestle India Ltd., (2004) 6 SCC 465; Manuelsons Hotels (P) Ltd. Vs. State of Kerala, (2016) 6 SCC 766; M.K. Shah Engineers and Contractors Vs. State of M.P., (1999) 2 SCC 594; Mrutunjay Pani vs Narmada Bala Sasmal, A.I.R. 1961 SC 1353; Union of India vs M/s Major General Madan Lal Yadav, (1996) 4 SCC 127; Manglore Chemicals Ltd. vs Deputy Commissioner Commercial Taxes, 1992 Suppl. (1) SCC 21; Union of India Vs. Wood Papers Ltd., (1990) 4 SCC 256–Relied.
Pournami Oil Mill vs State of Kerala, 1986 (Suppl.) SCC 728; Assistant Commissioner of Commercial Taxes(Asst.), Dharwar vs Dharmendra Trading Company, (1988) 3 SCC 570; M/s Pine Chemicals Ltd. Vs. The Assessing Authority, (1992) 2 SCC 683; Kusheshwar Prasad Singh Vs. State of Bihar, (2007) 11 SCC 447; Santosh Kumar Vs. State of Bihar, 2017 (1) P.L.J.R. 46; Binay Shankar Shukla Vs. State of Bihar, 2017(4) PLJR 956; Union of India vs Wood Papers, (1990) 4 SCC 256; Pawan Alloys & Casting Pvt. Ltd., Meerut vs U.P. State Electricity Board, (1997) 7 SCC 251; Radha Flour Mill (P) Ltd. Vs. State of Bihar, 2018(2) PLJR 558–Referred.
CHAKRADHARI SHARAN SINGH, J.:–Both these applications have been filed by the same petitioner. Following is the relief sought in C.W.J.C. No. 6032 of 2020:—
"(a) For issuance of order/orders, direction/directions or writ/writs in the nature of Mandamus for direction upon the respondent authorities to grant the benefits of Capital Subsidy to the petitioner company being 35% of the Capital invested on the plant and machinery- in terms of the Industrial Incentive Policy-2011 (hereinafter referred to as IIP- 2011) and in terms of Integrated Food Processing Scheme contained in Memo No. 951 dated 22.09.2014 - as the Detailed Project Report of the petitioner company has been approved by the State Investment Promotion Board (hereinafter referred to as S.I.P.B.) in meeting dated 29.01.2015 and also been approved by the Project Approval and Monitoring Committee (hereinafter referred to as P.A.M.C.) in its meting dated 14.03.2016.
(b) For issuance of order/orders, direction/directions or writ/writs in the nature of Mandamus directing the Respondent authorities to grant the benefit of the incentive of subsidy for purchase of Diesel Generating Sets (hereinafter referred to as D.G. Sets) to the petitioner company in terms of Clause 2(v) of the Industrial Incentive Policy-2011.
(c) For issuance of order/orders, direction/directions or writ/writs in the nature of Mandamus directing the Respondent Authorities to grant the benefit of Interest Subvention @ 2% of the rate of interest payable by the Industrial Units on the term loan from Banks/Financial Institutions to the petitioner company for a period of 7 years in terms of Clause 4 (vi) of the Industrial Incentive Policy - 2011 -as revised and incorporated by Clause 8 of the Industrial Incentive (Amendment) Policy, Bihar, 2014 (hereinafter referred to as the 'Revised Policy').
(d) For issuance of such other order/orders, direction/directions, writ/writs which the petitioner may be entitled to."
2. Relief sought in C.W.J.C. No. 4051 of 2021 are as under:—
"(i) For issuance of writ in nature of Mandamus directing the Respondent Authorities to grant remission from the Monthly Minimum Charges/ Minimum Base Energy Charge/ Demand/ Billing Demand - for five years from the date of the commercial production i.e. 23.03.2017- to the petitioner company in view of the Clause-2 (vi) of the Industrial Incentive Policy-2011 (hereinafter referred to as the 'IIP 2011') and in terms of the order dated 27.11.2017 passed in Radha Flour Mill (P) Ltd. Vs. The State of Bihar reported in 2018 (2) PLJR 558.
(ii) For issuance of writ in nature of Mandamus for directing the respondent authorities to admit and extend the benefits of the remission of the Electricity Duty (E.D.) incentive of 100% remission on electricity duty for seven years to the petitioner company from the date of commercial production for which petitioner company was entitled for in terms of the Clause 3 (ii) of IIP-2011.
(iii) For issuance of writ in the nature of Mandamus directing the respondent authorities to grant and reimburse the incentive of Stamp Duty/Registration Fees in terms of Clause - 1 of the Industrial Incentive Policy- 2011 and in terms of the approval granted by the authorities contained in Memo No. 2516 dated 22.07.2011 - to the Petitioner Company - as the inordinate delay in reimbursement of Stamp Duty/Registration Fees, to the Petitioner Company even after making the entire investment as well as grant of approval of State Investment Promotion Board [for brevity "S.I.P.B."], Bihar, Patna is unjust, illegal and arbitrary.
(iv) Any other relief or reliefs which the petitioners may be found entitled to in the facts and circumstances of the case."
I.A. No. 1 of 2021 has been filed in C.W.J.C. No. 6032 of 2020 seeking amendment in the writ application for seeking additional relief of admitting the petitioner-Company to the benefit of reimbursement of the admissible Value Added Tax/ Central Sales Tax/ Industry Tax (VAT/CST/ET) in terms of Clause 3(i)
Existing units commencing production before new industrial policy but not availing prior incentives eligible under amended transitional Clause 8(b); prior clearances create vested rights invoking pro....
The court affirmed that companies meeting criteria under the Bihar Industrial Incentive policies are entitled to interest subsidies from the commencement of commercial production, irrespective of pri....
The State is bound by its promises under the Industrial Policy, and failure to issue enabling notifications for incentives constitutes arbitrary action, invoking the doctrine of promissory estoppel.
The Bihar Industrial Incentive Policy, 2011 does not require prior approval from the State Investment Promotion Board for commencing commercial production, and thus, incentives cannot be denied on th....
The absence of a cut-off date in the Special Mega Package allows entitlement to incentives regardless of the commercial production start date relative to the previous policy's expiry.
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