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        VAT and Sales Tax

        2019 (4) TMI 2141 - HC - VAT and Sales Tax

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        Court Orders Review of Petitioner's Power Subsidy Claim Under Enterprises Promotion Policy-2015 Within Eight Weeks. The HC disposed of the writ petition by directing UHBVNL to review the petitioner's claim for a power subsidy under the Enterprises Promotion Policy-2015. ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Court Orders Review of Petitioner's Power Subsidy Claim Under Enterprises Promotion Policy-2015 Within Eight Weeks.

                              The HC disposed of the writ petition by directing UHBVNL to review the petitioner's claim for a power subsidy under the Enterprises Promotion Policy-2015. The court instructed respondents No. 2 and 3 to assess the claim based on the petitioner's representation dated 04.02.2019 and to make a final decision within eight weeks. The court did not express any opinion on the petitioner's eligibility for the subsidy, leaving the determination to the relevant authorities.




                              Issues:
                              Petitioner seeking mandamus for power subsidy release under Enterprises Promotion Policy-2015.

                              Analysis:
                              The petitioner, a private limited company, filed a petition requesting a mandamus to direct the respondent, Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL), to release the power subsidy as per the Enterprises Promotion Policy-2015. The petitioner claimed eligibility under the 2015 Policy but stated that the envisaged power subsidy had not been released despite raising the claim with necessary supporting documents. The counsel for the petitioner requested the writ petition's disposal with a direction for the concerned authority to examine the claim and make a final decision within a specified timeframe. The court found the counsel's submission just and reasonable.

                              The court decided to dispose of the writ petition by directing respondents No. 2 and 3 to review the petitioner company's claim based on the representation dated 04.02.2019 and make a final decision within eight weeks from the receipt of the court's order. However, the court clarified that it had not verified the accuracy of the petitioner's claims regarding eligibility for power subsidy under the 2015 Policy. The judgment emphasized that the court had not expressed any opinion on the petitioner's eligibility for the subsidy, leaving the decision to the concerned authorities.

                              In conclusion, the court disposed of the petition without determining the petitioner's eligibility for the power subsidy under the 2015 Policy. The judgment focused on directing the authorities to examine the claim and make a final decision within a specified timeframe, emphasizing that the court had not assessed the validity of the petitioner's assertions.
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                              ActsIncome Tax
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