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of <h1>Impact of Government Policy Change on Industrial Concessions and Investor Rights</h1> <h3>M/s Progen Systems and Technologies Ltd. Versus The Secretary to Government, The Managing Director State Industries Promotion Corporation of Tamil Nadu Ltd., The Assistant Commissioner of Commercial Tax, The Commercial Tax Officer</h3> M/s Progen Systems and Technologies Ltd. Versus The Secretary to Government, The Managing Director State Industries Promotion Corporation of Tamil Nadu ... Issues:1. Change in government policy affecting industrial concessions in backward areas.2. Disentitlement of certain concessions due to change in classification of industrially backward areas.3. Challenge to denial of benefits under G.O.Ms.No.500.4. Conditional interim injunction granted and subsequent writ appeal.5. Payment of sales tax and availing benefits without a government order.Issue 1: Change in government policy affecting industrial concessions in backward areasThe case involves a challenge to a change in government policy affecting industrial concessions in backward areas. Initially, the government declared certain Taluks as industrially backward, providing concessions like interest-free sales tax deferral. However, a subsequent government decision changed the classification to blocks comprising several Taluks, affecting the entitlement to concessions.Issue 2: Disentitlement of certain concessions due to change in classification of industrially backward areasThe petitioner, who had started steps to establish an industrial unit in a backward Taluk based on the original classification, faced disentitlement to concessions due to the change in classification. The change caused prejudice to entrepreneurs who had invested based on the assurances given under the previous government order, leading to a loss of benefits like interest-free sales tax deferral.Issue 3: Challenge to denial of benefits under G.O.Ms.No.500The petitioner challenged the denial of benefits under G.O.Ms.No.500, which entitled units in backward Taluks to specific concessions. Despite representations and legal challenges, the petitioner faced difficulties in availing the benefits due to the change in government policy and subsequent denials by authorities.Issue 4: Conditional interim injunction granted and subsequent writ appealThe petitioner obtained a conditional interim injunction in a writ petition, followed by a writ appeal challenging the same. The writ appeal was disposed of after several years, with the interim order being made final due to the respondents' inaction. The court emphasized expediting the hearing of the writ petition while closing the miscellaneous petition.Issue 5: Payment of sales tax and availing benefits without a government orderAfter more than nine years, the petitioner paid a substantial amount of sales tax to the department, effectively availing benefits under the interest-free deferral scheme without a specific government order. The court acknowledged the petitioner's investment based on government assurances and observed that sudden denial of benefits was unjust, even though the petition was closed due to the petitioner already availing benefits.In conclusion, the judgment highlighted the challenges faced by the petitioner due to a change in government policy affecting industrial concessions, leading to the denial of benefits despite investments made based on earlier assurances. The court recognized the petitioner's predicament but closed the petition acknowledging the benefits already availed by the petitioner.
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