- (1.) The petitioner is a dealer registered under the provisions of the Punjab General Sales Tax Act, 1948 (in short, "the Act"). It has approached this Court through the present writ petition under Article 226 of the Constitution of India, seeking quashing of orders dated 22.11.1993, 1.2.1994 and 22.3.1994, Annexures P.10, P.11 and P.12 respectively, rejecting the applications for exemption from payment of sales tax.
(2.) Brief facts as narrated in the petition necessary for adjudication of controversy involved herein are that the petitioner is engaged in the manufacture and sale of snack foods and beverages.
(3.) The petitioner got itself registered under the Punjab General Sales Tax Act, 1948 (in short, "PGST Act") w.e.f 5.6.1989 and under Central Sales Tax Act, 1956 (for brevity "CST Act") on 6.6.1989 in respect of two units at Village Channo. On 4.1.1990, the petitioner obtained registration under PGST Act and CST Act in respect of third unit at Village Zahura. The petitioner commenced production at Village Channo in respect of processed potatoes/food grain on 21.1.1990 and of soft drink concentrate on 16.5.1990. The production at processed fruit and vegetable plant at Village Zahura commenced on 16.12.1990.The Punjab Government formulated Industrial policy for the Eighth Five Year Plan, which became operative from 1.4.1989 till the end of the plan whereunder it notified the rules called "Punjab Industrial Incentives Code under the Industrial Policy Statement 1989" (hereinafter referred to as "1989 Policy"). The policy offered fresh incentives for development of industry in Punjab and was designed to attract fresh investment in new thrust areas including agro-based sectors. The policy offered various incentives including deferment/exemption from payment of sales tax for new units as well as for units undergoing expansion/modernization/diversification.;