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of <h1>State Level Committee's Decision Upheld in Capital Investment Incentive Scheme Challenge</h1> <h3>INDUS STEEL INDUSTRIES, THR'H AUTHORISED SIGNATORY Versus STATE OF GUJARAT & 7</h3> INDUS STEEL INDUSTRIES, THR'H AUTHORISED SIGNATORY Versus STATE OF GUJARAT & 7 - TMI Issues Involved:1. Legality of the State Level Committee's decision in not extending the benefits of the Capital Investment Incentive (General) Scheme 1995-2000 to the petitioner.2. Legality of the impugned orders dated 19.04.2005, 2.6/7.2005, and 28.6.2006.3. Compliance with the conditions for availing sales tax incentives under the scheme.4. Condonation of break in production by the State Level Committee.5. Legality of the recovery of sales tax from the petitioner.Issue-wise Detailed Analysis:1. Legality of the State Level Committee's decision in not extending the benefits of the Capital Investment Incentive (General) Scheme 1995-2000 to the petitioner:The petitioner challenged the State Level Committee's decision, arguing it was arbitrary and illegal. The scheme required continuous production for eligibility, and the petitioner had breaks in production from July 2000 to August 2001 and from February 2004. The State Level Committee applied a uniform policy requiring units to be in production at least at 25% capacity when seeking condonation of breaks. The Committee found the petitioner did not meet these criteria, and thus, the decision to deny benefits was not arbitrary but based on uniform policy application.2. Legality of the impugned orders dated 19.04.2005, 2.6/7.2005, and 28.6.2006:The petitioner sought to quash these orders, which communicated the denial of benefits under the scheme. The orders were based on the Committee's findings that the petitioner stopped production and did not meet the scheme's conditions. The High Court upheld the Committee's decision, stating that it was based on a thorough application of the scheme's provisions and uniform policy.3. Compliance with the conditions for availing sales tax incentives under the scheme:The scheme required continuous production and other conditions such as pollution control measures, local employment, and security against deferred sales tax. The petitioner's production breaks violated these conditions. The Committee's decision to deny benefits was based on these non-compliances, which the Court found justified.4. Condonation of break in production by the State Level Committee:The petitioner argued that breaks in production were due to reasons beyond their control, such as recession in ship-breaking activities. However, the Committee required units to be in production at least at 25% capacity when applying for condonation. The petitioner did not meet this criterion, and the Court found the Committee's decision to not condone the break justified and in line with the scheme's objectives.5. Legality of the recovery of sales tax from the petitioner:The petitioner sought to prevent the recovery of sales tax, arguing they were entitled to incentives under the scheme. However, due to non-compliance with the scheme's conditions, the Committee's decision to deny benefits and proceed with tax recovery was upheld by the Court.Conclusion:The High Court dismissed the petition, upholding the State Level Committee's decisions. The Court found the Committee's actions were based on a uniform policy and thorough application of the scheme's provisions, and the petitioner's non-compliance with the conditions justified the denial of benefits and recovery of sales tax.
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