JUDGEMENT
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(1.) That with a view to promote growth of industry in the State, the
Punjab Government issued an industrial policy doling out various incentives
to an assortment of industrial units which undertake expansion on or after
01.04.1996. The policy was notified through the Department of Industries &
Commerce on 20.03.1996 known as the "Industrial Policy, 1996". In order
to effectively implement the scheme of incentives enumerated in the
industrial policy, the Government notified rules known as the "Punjab
Industrial Incentive Code under the Industrial Policy, 1996".
(2.) The prayer of the petitioner firm is for a direction to the
respondents to release the investment incentive (Capital Subsidy) along
with 18% interest to which it laid claim on in terms of the aforesaid policy.1
(3.) The claim has been rejected on the ground that the induction furnice set up
by the petitioner came into production after 04.06.2002, the cut off date
under the industrial policy after which the benefit would lapse. The
impugned order is dated 01.10.2002 (P-6). The representation against the
rejection order was decided on 22.10.2003 by which letter the petitioner was
informed that the Principal Secretary, Industries & Commerce Department,
Punjab had rejected the appeal and had affirmed the order previously passed
holding that the industrial policy does not allow grant of relaxation (P-9).
Prayer has been made for quashing both these orders.
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