IN THE HIGH COURT OF JUDICATURE AT PATNA
S. KUMAR, J.
CWJC No.13882 of 2016
(2.3.2022)
M/s Maa Mundeshawri Cycle
Udyog Pvt. Ltd. ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Bihar Industrial Policy Resolution, 2011 – Clause 3 – Disbursement of tax subsidy – Petitioner was granted certificate of registration under Bihar VAT Act, 2005 as well as Certificate of Registration under Central Sales Tax Act and certificate of Registration under Bihar Entry Tax Act, 1993 – Petitioner obtained registration from Industry Department through Bihar Industrial Area Development Authority and was allotted piece of land in Industrial Area, Aurangabad – Petitioner was also granted certificate of eligibility to become entitled to avail incentive of reimbursement against deposit of VAT to extent of 80% of Entry Tax – Petitioner has been paying entry tax and Bihar VAT from date it took steps for setting up its Industrial Unit – Director of Industries, Govt. of Bihar, Patna directed to grantall benefits/incentives to petitioner in terms of Industrial Incentive Policy 2011. (Paras 4, 5, 7, 14, 15 and 16)
S. Kumar, J.—Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):—
“(i) For a direction to the Respondents i.e. Department of Industry, Bihar to disburse funds to the Commercial Taxes Department so that the Commercial Taxes Department is able to discharge its obligation under the Bihar Industrial Policy, 2011 by making disbursement by way of subsidy to the extent of 80% of the admitted VAT amount deposited by the petitioner in the account of the Government as per the solemn promise made in the Industrial Policy Resolution, 2011;
(ii) For a direction to the respondents i.e. Commercial Taxes Department for reimbursement of the subsidy amount to the extent of 80% of the admitted VAT amount deposited by the petitioner in the account of of the Government as petitioner’s has already been declared an eligible unit for disbursement of the amount to the extent of 80% of admitted VAT by the competent authority under Industrial Incentive Policy, 2011;
(iii) For a direction to the Respondent to make disbursement of the payment of the amount by way of reimbursement of the amount of VAT deposited by the petitioner at the earliest to save the petitioner’s unit as the petitioner had taken loan from the bank and is suffering due to non disbursal of the amount of VAT; and/or for any other relief(s) for which the petitioner may be found entitled to in the facts & circumstances of the present case.”
3. It is submitted by the learned Senior Counsel on behalf of petitioner that Government of Bihar, came out with an Industrial Policy Resolution, 2011 promising various incentives for potential promoters to invest in Bihar to set up industries and on setting up of Industrial Unit in Bihar, it will be entitled for the incentives as promised in the Industrial Policy Resolution which includes 100% exemption from Stamp Duty and registration fee during pre-production phase, capital subsidy for industrial units, inclusion of entry tax in the reimbursement of 80% of VAT and incentives for existing unit also.
4. To avail the benefits of various incentives promised in the Industrial Policy Resolution-2011, petitioner decided to set up an industrial unit for manufacturing and assembling of bicycles and Department of Industry, Govt. of Bihar, granted its approval vide letter dated 14.11.2011, after approval by State Investment Promotion Board.
5. Petitioner was granted certificate of registration dated 14.12.2011 under Bihar VAT Act, 2005 as well as certificate of Registration under Central Sales Tax Act and certificate of Registration dated 29.12.2011 under Bihar Entry Tax Act, 1993.
6. Petitioner obtained registration from the Industry Department through Bihar Industrial Area Development Authority and was allotted piece of land in the Industrial Area, Aurangabad, for which certification of registration dated 30.10.2013 for manufacturing and assembling of bicycle was granted under the Medium Scale Industry in which date of production has been mentioned as 18.09.2013. Petitioner was also granted certificate of eligibility to become entitled to avail the incentive of reimbursement against the deposit of VAT to the extent of 80% of the Entry Tax and same was intimated to petitioner vide memo no. 968 dated 14.02.2014 by Bihar Industrial Area Development Authority.
7. Clause-3 of the Industrial Policy is with respect to tax related incentives by way of reimbursement of VAT and Entry Tax for which a pass-book was to be issued to the eligible industrial unit in which details of Bihar VAT paid to the Commercial Taxes Department would be entered and certificate to be issued by the competent authority on the basis of which the Commercial Taxes Department will reimburse 80% of the amount of VAT for 10 years with sealing up to 300% of the capital invested. State Government issued another resolution vide letter no. 2446 dated 15.07.2011 with regard to grant of incentive by way of reimbursement of VAT for which procedure was prescribed for avai
The court established that the lack of explicit restrictions in the Bihar Industrial Incentive Policy, 2011 regarding the commencement of production prior to SIPB approval invalidated the denial of i....
Subsequent amendments to the Bihar Industrial Incentive Policy do not apply retrospectively, and promised incentives must be honored for the entire entitlement period.
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