BIHAR CAUSTIC & CHEMICALS LTD Vs. STATE OF BIHAR
LAWS(JHAR)-2011-6-39
HIGH COURT OF JHARKHAND
Decided on June 16,2011

BIHAR CAUSTIC AND CHEMICALS LTD Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) HEARD the counsel for the parties.
(2.) THE petitioner's contention is that on 29.09.1973, the State Government came with a policy to grant exemption from payment of sales tax on purchase of raw -materials as well as on sales of the goods to certain industries, and then the said scheme was modified on 29.6.1976 and on 29.11.1976 dispensing with from the exemption of the sales tax referred above, but to grant interest free loan against the sales tax payment for 10 years from the date of start of production by the new units. The petitioner established the new unit by taking loan and acted under such assurance of the State Government to take benefit under full assurance of the benefit of the tax free loan of sales tax paid by the petitioner. The learned counsel for the petitioner also submitted that because of subsequent resolution also the petitioner was entitled to interest free loan. However, we are not going into the eligibility of the petitioner for interest free loan, but because of the fact, that petitioner is not entitled to any equitable relief under Article 226 of the Constitution of India for the reasons mentioned hereunder.
(3.) THE petitioner claims that it established the industrial unit and started commercial production from the year 1984 and started paying the sales tax, and the year -wise details of the sales tax paid by the petitioner is as under : JUDGEMENT_1820_TLJHAR0_2011.htm;


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