Rajes Kumar, J. - (1.) BY means of the present writ petition, the petitioner is seeking the following reliefs: "(i) To issue a writ, order or direction in the nature of mandamus directing the respondents to grant the benefit of exemption to the petitioner -unit to the extent of 200 per cent instead of 100 per cent of its fixed capital investment. (ii) To issue a writ, order or direction in the nature of mandamus be issued directing the respondents to modify the eligibility certificate issued to the petitioner by granting exemption to the extent of 200 per cent instead of 100 per cent of the fixed capital investment in respect of which the eligibility certificate has been issued to the petitioner. (iii) To issue a writ, order or direction be issued directing respondent No. 1 to modify the notification dated July 19, 1996 in conformity with Industrial Policy of 1994. (iv) To issue any other suitable writ, order or direction as this honourable court may deem fit and proper in the circumstances of the case. (v) To award costs throughout to the petitioner." The brief facts of the case are that the petitioner had an industrial unit at A3, Surajpur Industrial Area, Dadri Road, Greater Noida, District Gautam Budh Nagar, for the manufacturing of two wheelers.
(2.) IT appears that the petitioner had entered into a new foreign collaboration agreement for the manufacturing of 4 -stroke two wheeler motorcycles, which was a different kind of motorcycle than two wheeler motorcycles being manufactured earlier. The petitioner had made an additional investment of Rs. 96,41,67,155 up to March 31, 1998. In such unit, the manufacturing of 4 -stroke two wheeler motorcycles was started on February 13, 1998, first sale was made on August 14, 1998 and an exemption application under section 4A of the U.P. Trade Tax Act (hereinafter referred to as ("the Act") was moved on August 13, 1998. In the application, the exemption has been claimed under the Notification dated July 19, 1996 under the Diversification Scheme. The copy of the exemption application has not been annexed along with the writ petition, however, the same has been provided by Sri C.B. Tripathi, learned special counsel for the State of U.P. during the course of argument and the same is being kept on record. The exemption application has been processed and an eligibility certificate was issued on June 17, 1999. Under the eligibility certificate, the petitioner had been granted exemption under the Notification Nos. T.T. -2 -1711/XI -9(460)/94 -U.P. Act 15 -48 Order 96 dated July 19, 1996 and T.T. -2 -1712 dated July 19, 1996 to the extent of 100 per cent on the capital investment made up to March 31, 1998, i.e., on Rs. 96,41,67,155 for the period February 13, 1998 to February 12, 2006, whichever has expired earlier with the further condition that in the last four years the petitioner may be entitled for exemption on the additional capital investment on the application being made. The petitioner started availing of exemption under the said eligibility certificate. However, filed the present writ petition on October 23, 2007. When the period of exemption has expired on February 22, 2007, however, the Notification Nos. 1711 and 1712 had been amended on April 12, 2005 and in place of the words "eight years", the words "fifteen years" were substituted and accordingly, the unit became entitled for exemption for the period of 15 years. It appears that the petitioner had made an additional capital investment of Rs. 74,67,65,000 during the period April 1, 1998 to March 31, 2000.
(3.) HEARD Sri Bharat Ji Agrawal, learned senior advocate, appearing on behalf of the petitioner and Sri C.B. Tripathi, learned special counsel for the State of U.P.;