Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jharkhand Industrial Policy Promissory estoppel |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bihar Finance Act, 1981 : ss. 22, 23 and 13(1)(b)-Jharkhand Industrial Policy 2001-Notification Nos. 65, 66 and 67 dated 12.1.2002-Interpretation of-Facilities of set off C and adjustment on intra-State sales, inter-State sales and concessional rate of sales tax on purchase of raw material-Assessee producing steel through Hot Rolled Mill and Cold Rolling Mill-Claiming exemption under Notifications dated 12.1.2002-Held, since both Hot Rolled Mill and Cold Rolling Mill are existing units, one of them having received the benefits under a different policy, assessee not entitled to any further relief in terms of the Notification Nos. 65, 66 and 67 dated 12.1.2002-Bihar industrial Policy 1991-Notification Nos. 478 and 479 dated 22. 12.1995-Interpretation of Statutes-Administrative Law-Promissory estoppel-Applicability of Assessee-appellant, a manufacturer of steel through its Hot Rolled Mill (HRM) was granted an industrial licence for expansion of its existing industrial unit located in the State of Bihar, which after creation of State of Jharkhand came thereunder. Under the Industrial Policy, 1995 of the Government of Bihar, two Notification Nos. 478 and 479 dated 22.12.1995 were issued granting exemption to dealers in respect of tax on purchase of sale of certain goods manufactured by new/expanded/diversified/ modernized units. The assessee, pursuant to the Notifications, undertook diversification of its product, namely, saleable steel, by establishing a Cold Rolling Mill (CRM). On creation of State of Jharkhand and extension of the 1981 Act to the said State, the assessee claimed benefit of the Notification Nos. 478 and 479 dated 22.12.1995. Assessee's claim was ultimately allowed by the Supreme Court*. Meanwhile State of Jharkhand declared its Industrial Policy 2001 and issued Notification Nos. 65, 66 and 67 dated 12.1.2002 granting facilities of set off and adjustment on intrastate sales, inter-state sales and providing for concessional rate of sales tax on purchase of raw material, to dealers in respect of new industrial units as well as the existing units. The assessee, as regards its existing unit, namely, HRM applied for eligibility certificate, which was rejected, and ultimately the High Court held that the assessee as a whole, including its diversification into CRP, was one existing unit, but as the litigation in relation to CRP was pending before the Supreme Court, the matter was remitted granting leave to the assessee to make a fresh claim under industrial Policy, 2001 on the premise that if it was found not entitled to the benefit of 1995 Policy in respect of CRP, it would be able to claim the benefit under the 2001 Policy of State of Jharkhand. Aggrieved, the assessee filed the present appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 168 |
Petitioner | M/s. Tata Iron And Steel Co. Ltd. |
Respondent | State Of Jharkhand And Ors. |
SCR | [2005] 2 S.C.R. 1207 |
Judgement Date | 2005-03-30 |
Case Number | 1912 |
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