TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Dismissal of Writ Petition Over Expired Industrial Scheme; Petitioner Advised to Apply Under New Scheme</h1> <h3>M/s. Opti Products Private Limited Versus The Secretary, Ministry of Commerce and Industry, (Department of Industrial Policy & Promotion), Government of India, New Delhi, The Secretary, Ministry of Law & Justice, New Delhi, The Director, The Industries Commissioner and Director of Industries & Commerce, Chennai</h3> M/s. Opti Products Private Limited Versus The Secretary, Ministry of Commerce and Industry, (Department of Industrial Policy & Promotion), Government of ... Issues:1. Validity of the impugned letter dated 19.10.2011 under the Industrial Park Scheme 2002.2. Applicability of the Industrial Park scheme and the period of operation.3. Timeliness of the petitioner's application in relation to the scheme's expiration.4. Admission by the petitioner regarding the functional status of the I.T Park.5. Dismissal of the writ petition and the liberty to apply under a new scheme.Analysis:1. The petitioner sought relief in a writ petition to quash the impugned letter dated 19.10.2011 and direct the 1st respondent to grant approval under the Non-Automatic route as per Section 7 of the Industrial Park Scheme 2002. The impugned order highlighted that the petitioner applied under a scheme that had expired on 31.03.2006, as per the Government of India Notification issued on 1st April 2002. The scheme was operational from 1st April 1997 to 31st March 2006.2. The application by the petitioner was submitted on 10th October 2006, after the scheme had already lapsed. The court noted that the relief sought in the writ petition held no merit due to the belated application, especially after the scheme's expiration. The petitioner's acknowledgment in a letter dated 13.06.2007 further confirmed that the I.T Park only became fully functional after the scheme's end on 31st March 2006.3. Given the circumstances, the court advised the petitioner to apply under any new scheme introduced subsequently by the Government of India, which is operational. Consequently, the writ petition was dismissed, with no costs imposed. The petitioner was granted the liberty to pursue approval under a new scheme, and the connected miscellaneous petition was closed as well.This detailed analysis of the judgment from the Madras High Court provides insights into the issues surrounding the Industrial Park Scheme 2002, the timeliness of the petitioner's application, and the subsequent dismissal of the writ petition with the option to apply under a different scheme.
TaxTMI 
TaxTMI 
