NEBROS PHARMACEUTICALS PVT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE case as set out in the Special Civil Application was that the petitioner has purchased the sick unit. In the sick unit a huge amount of money was invested by petitioner. Therefore, his unit should be considered to be a new unit because he was operating it as new owner. He led to us the Circular of the Government dated 18th April, 1961, which provides for exemption. In this circular, it has been clearly stated under what circumstances the units would be considered as New Industries. In para -5 of the Circular reads as under:

(3.) THE case of the petitioner is that he has purchased the said sick unit, then did expansion.