2024 (12) TMI 873 - HC - GST

Units must be located in specified areas under BSS notifications to receive benefits, name changes don't affect eligibility

Zydus Wellness Products Limited Versus Union of India and Others And Alkem Laboratories Limited Versus Union of India and Others

Zydus Wellness Products Limited Versus Union of India and Others And Alkem Laboratories Limited Versus Union of India and Others - 2025 (93) G. S. T. L. ... Issues Involved:1. Eligibility for budgetary support under the Budgetary Support Scheme (BSS).2. Impact of change in ownership or expansion on eligibility for BSS.3. Interpretation of 'eligible unit' under the BSS.4. Procedural aspects related to the application and registration for BSS benefits.Detailed Analysis:1. Eligibility for Budgetary Support under the BSS:The primary issue was whether the appellants were entitled to budgetary support under the BSS. The appellants argued that the scheme was intended to support 'eligible units' and not the owners of those units. The respondents contended that due to changes in ownership, the appellants were new legal entities and thus ineligible for the BSS. The court examined the provisions of the BSS, including definitions of 'eligible unit' and 'residual period,' and concluded that the scheme was intended to support units that were operational before the transition to the GST regime and were eligible for excise duty exemptions under previous notifications.2. Impact of Change in Ownership or Expansion on Eligibility for BSS:The court addressed whether a change in ownership or expansion of a unit affected its eligibility for the BSS. The learned Single Judge had concluded that such changes rendered the units ineligible. However, the appellate court disagreed, stating that the mere fact of expansion, acquisition, or change of name did not negate the primary requirement that these were existing units prior to the GST regime. The court emphasized that the BSS was unit-specific and focused on the geographical location and the nature of goods produced, rather than the identity of the owner.3. Interpretation of 'Eligible Unit' under the BSS:The court analyzed the definition of 'eligible unit' under paragraph 4.1 of the BSS, which refers to units that were eligible for excise duty exemptions before July 1, 2017. The court found that the definition did not stipulate that a change in ownership or expansion would disqualify a unit from being eligible. The court criticized the learned Single Judge's interpretation, which added conditions not present in the statutory language, and reaffirmed that statutory provisions should be interpreted based on their plain language.4. Procedural Aspects Related to Application and Registration for BSS Benefits:The court examined procedural aspects, including the requirement for units to reapply for registration under the BSS and the allocation of Unique IDs (UIDs). The appellants had faced delays and denials in obtaining fresh UIDs due to changes in ownership and registration. The court noted that procedural requirements should not affect the substantive eligibility of units for the BSS, as long as the units continued to meet the criteria outlined in the scheme.Conclusion:The appellate court set aside the judgment of the learned Single Judge, holding that the appellants were indeed eligible for the BSS benefits. The court directed the respondent authorities to adjudicate the claims of the appellants in accordance with the court's observations and to provide an opportunity for a hearing within twelve weeks. The court emphasized that the BSS was designed to support units based on their geographical location and operational status before the GST regime, rather than the identity of their owners.