Devi Prasad Singh, J. - (1.) SUBSTANTIAL questions of law involved in the present writ petition are: A. Whether Government may withdraw the rebate granted in pursuance to notification issued under Section 5 of the U.P. Trade Tax Act (in short hereinafter referred as the Act)? In case, Government has got power then under what circumstances? B. Whether in case industry is established and availing the rebate will entitle to avail the benefit for the remaining period even after withdrawal of notification issued under Section 5 of the Act under the principle of promissory estopple ?
(2.) BRIEF facts are as under: Section 5 of the Act is an enabling provision which confers power on the state government to issue a notification in public interest along with rebate up to full amount of tax on sale and purchase of public goods or on sale or purchase of any goods by such person or class of person. The notification is issued in public interest to encourage the establishment of industries as well as to secure public interest. The government had issued the notification dated 18.6.1997 providing for rebate /concession of tax payable on the sale of the manufactured good by using flyash between 10 to 30 per cent by weight. A higher concession in payment of tax has been provided up to 50 per cent, in case, goods manufactured by using flyash existing 30 per cent of the weight.
(3.) BY the subsequent notification dated 27.2.1998 issued in pursuance to power conferred by Section 5 of the Act, the State Government granted benefit of tax rebates to units established within the State of U.P. on the sale of such goods manufactured by using flyash procured or purchased or received from Thermal Power Station situated in the State of U.P. A copy of notification has been filed as Annexure -1 to the writ petition.;