JUDGEMENT
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(1.) Petitioners have sought a direction upon the respondents to disburse incentives under the West Bengal Incentive to Power
Intensive Industry Scheme, 2005.
(2.) Learned Senior Advocate appearing for the petitioners has submitted that, the first petitioner carries on the business of
manufacturing iron and steel. The first petitioner manufactures Ferro
alloys such as silica manganese and other ancillary products. The
first petitioner operates two production units situated at Bishnupur
and Haldia. The first petitioner was registered under the West Bengal
Incentive Scheme, 2004.
(3.) Learned Senior Advocate appearing for the petitioners has submitted that, a unit registered under the scheme of 2004 need not
obtain a registration under the scheme of 2005. Separate registration
under the scheme of 2005 is not required once a unit is registered
under the scheme of 2004. He has referred to the provisions of the
scheme of 2005 and submitted that, the State is obliged to disburse
incentives to all eligible units for a period of five years in group C and
three years for units in group B from the date of commencement of
power supply for its production/commercial operation of the approved
project. He has referred to Clause B.8.1 of the scheme of 2005. He
has submitted that, West Bengal Industrial Development Corporation
is the recognised authorised agent under the scheme of 2005. The
first petitioner applied for incentives on September 28, 2007 within
the cut-off date for the same. West Bengal Industrial Development
Corporation issued Eligibility Certificate of the scheme of 2004 on
January 20, 2011 based on special package approved by the
commerce and industries department on March 29, 2010. He has
referred to the writing dated June 27, 2016 issued by the Commerce
and Industries Department in this regard.;
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