JUDGMENT :

Meenakshi Madan Rai, J.

1. The Petitioner herein assails the restrictions imposed by the Scheme of Budgetary Support, issued under the Goods and Services Tax regime vide Notification F.No.10(1)/2017-DBA-II/NER, dated 05.10.2017, by the Respondent No.1, reducing the quantum of benefits earlier availed by the Petitioner, thereby reneging on the promises made under the erstwhile Tax regime and adversely affecting the Petitioner.

1.(a) The Petitioner is a Private Limited Company engaged inter alia in the manufacture of P&P Medicaments and Consumer Health Products for which purpose Unit I was set up on 2005 and Unit II later in time, both situated at Ranipool, East Sikkim.

1.(b) The Petitioner’s case is that vide a Memorandum, dated 17.02.2003, the Respondent No.1 notified the “New Industrial Policy and other concessions for the State of Sikkim” (“Industrial Policy, 2003”) which inter alia granted 100 per cent exemption from Excise duty for a period of ten years from the date of commencement of commercial production. Pursuant thereto, various exemption Notifications were issued under the respective Fiscal Statutes, including Central Excise original Notification No.56/2003-C.E.