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A. ABHISHEK REDDY
ACE Infra and Security Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
A. Abhishek Reddy, J. –
I.A. No. 02 of 2023.
I.A. No. 02 of 2023 is allowed.
The present writ petition is filed for the following relief(s): –
“i. For issuing a writ of certiorari or any other appropriate writ setting aside the email dated 05.11.2022 and the attachment therein whereby and whereunder the claim of the petitioner under the Bihar Industrial Incentive Policy, 2011 has been rejected on the ground that the proposal of the petitioner was accepted by the State Investment Promotion Board after the date of commercial production of the unit.
ii. For issuing writ of certiorari or any other appropriate writ setting aside the letter dated 23.11.2017 bearing Memo No.3573 (to the extent it relates to the petitioner) whereby and whereunder the claim of the petitioner under the Bihar Industrial Incentive Police 2011 had been rejected on the ground of proposal of the petitioner not having approval of the competent authority.
iii. For issuing writ of mandamus directing the respondents to pay the petitioner its entitlement under the head of subsidy for capital investment in plants and machinery, subsidy for in DG sets, subsidy/exemption from stamp duty/registration fees on land, reimburseme
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....
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....
Subsequent amendments to the Bihar Industrial Incentive Policy do not apply retrospectively, and promised incentives must be honored for the entire entitlement period.
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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