SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(HP) 500

M. S. RAMACHANDRA RAO, JYOTSNA REWAL DUA
Jaiprakash Associates Ltd. – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vishal Mohan, Praveen Sharma, Aditya Sood, Amar Pratap Singh, Goverdhan Lal Sharma, Janesh Gupta.
For the Respondents: Anup Rattan, Rakesh Dhaulta, Pranay Pratap Singh, Arsh Rattan, Sidharth Jalta, Rakesh Sharma.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. All these petitions raise common questions of law and facts, hence are being taken up together for decision. For convenience, documents from CWP No. 9131 of 2013 are being referred to hereinafter.

The core question around which all these petitions are centered, is whether tax incentives granted to the petitioner-industrial units under specific Rules and statutory Notifications framed & issued pursuant to the State Industrial Policy, 2004, could be withdrawn during the currency of the exemption period promised under the Industrial Policy/ Rules/Notifications.

2. Brief reference to facts:

    (i) The respondent-State notified Industrial Policy, 2004 on 30.12.2004 (Annexure P-1). The policy aimed to attract entrepreneurs to set up their projects, inter-alia, in backward areas of the State and in return, promised off-setting to some extent capital cost for setting up the units in remote and difficult areas due to locational disadvantages in form of tax concessions.

(i)(a) Clauses 8.1, 8.3 and 8.4 pertaining to ‘Package of Incentives, Concessions and Facili

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          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

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top