Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Vision Ispat Pvt. Ltd., Represented By Its Director, Sri Narendra Kr. Saharia, S/o. Sri Satya Narayan Sahariah – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Commerce And Industry, Govt. Of India – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Addl. Advocate General for the respondent no. 2, 3 & 5, Mr. G. Das, learned counsel for the respondent No. 4 and Mr. B. Sharma, learned counsel appearing for the respondent No.1.
2. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, being aggrieved by the action of the respondent No. 2, 3 & 4 rejecting the claim of the petitioner for subsidy under the Central Capital Investment Subsidy Scheme, 2007. The respondents have deducted a sum of Rs. 34,48,453/- from the total subsidy which the petitioner alleged to be entitled to.
3. The petitioner company is engaged in manufacturing of TMT Bars and Rods. With the introduction of Central Capital Investment Subsidy Scheme, 2007 under the NEIIPP 2007 through a notification dated 27.07.2007, the Government of India announced that all eligible industrial units located anywhere in the North Eastern Region shall be given a capital investment subsidy at the rate of 30% of their investment in Plant and Machinery or additional investment in Plant and Machinery. Such subsidy will be
The court confirmed that electrical installations essential for plant operations qualify for subsidy under the CCISS, rejecting previous misconceptions about their eligibility.
Strict interpretation of subsidy schemes and the burden of proving eligibility lies with the petitioner.
The main legal point established is that the entitlement to subsidies under the WBSSIS-2008 should be determined based on the specific provisions of the Scheme, and the refusal of subsidies based on ....
The main legal point established in the judgment is that the fulfillment of conditions is essential for receiving government subsidies, and the doctrine of promissory estoppel may not apply if the co....
The court emphasized that the eligibility for subsidy under the MSME Scheme is based on installed capacity rather than actual production figures, rejecting the erroneous interpretation by the authori....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
