- (1.) This writ petition under Article 226 of Constitution of India has been filed by M/S Wave Industries Pvt. Ltd having its registered office at A-129, New Friends Colony, New Delhi now M-4, Manzzine Floor, South Exention (Part-II), New Delhi (hereinafter referred to as " Petitioner") assailing order dated 07.06.2016 passed by State of U.P, Sugar Industry Section through Principal Secretary. It has held that petitioner is liable to pay Income tax, Value Added Tax, Entry tax, Central Excise and Service Tax etc.
(2.) The facts in brief, giving rise to present dispute are that U.P. State Sugar Corporation Limited (respondent-2) (hereinafter referred to as " UPSSCL") is a Government company registered under Companies Act, 1956 (hereinafter referred to as, ''Act 1956'). It is owned by State of U.P. It own 33 sugar units established at different places throughout the State of U.P which includes one unit at "Amroha". Looking into the poor running conditions of various units of respondent-2, State Government took a decision on 04.06.2007 to divest shareholding in UPSSCL sale to private sector and to sell sugar mills owned by respondent no.2.
(3.) In furtherance of above decision, Sri Atul Kumar Gupta, Industrial Development Commissioner, vide letter dated 29.06.2007, circulated guidelines and policy on disinvestment, duly approved by Governor. The said guidelines contained in para-2 of Government Order dated 29.06.2007 read as under:- "His Highness the Governor is pleased to accord permission to act according to the following directive principles which have been formulated to conduct all aforesaid works by a transparent & competitive process and to keep uniformity in aforesaid process :- 1. Selection of Renowned Consultant/Advisor for providing efficient transparent services in the selection process of private developer and in selection process of private investor in privatization. 2. Selection of Developer of infrastructural projects having private partnership. 3.Selection of Private Investor in disinvestment/ privatization process. (English translation by Court );