Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
The 2003 Policy of the Punjab Government granted exemption from payment of Market fee under Clause (i) of 11.4.2, but did not specifically exempt Rural Development fee. The High Court erred in dismissing the petition based on the State counsel's submission that Market fee covered Rural Development fee, without adjudicating the issue on merits. The 2003 Policy does not exempt Rural Development fees, and assuming such exemption would broaden the policy's scope unintentionally. Market fees and Rural Development fees are distinct under different statutory frameworks and cannot be equated. No unit other than approved Mega Projects has been allowed exemption from Rural Development fee. The respondent, M/s Punjab Spintex Limited, not being a Mega Project, is ineligible for such exemption. The impugned order is set aside, and the appeal is allowed.
The 2003 Policy of the Punjab Government granted exemption from payment of Market fee under Clause (i) of 11.4.2, but did not specifically exempt Rural Development fee. The High Court erred in dismissing the petition based on the State counsel's submission that Market fee covered Rural Development fee, without adjudicating the issue on merits. The 2003 Policy does not exempt Rural Development fees, and assuming such exemption would broaden the policy's scope unintentionally. Market fees and Rural Development fees are distinct under different statutory frameworks and cannot be equated. No unit other than approved Mega Projects has been allowed exemption from Rural Development fee. The respondent, M/s Punjab Spintex Limited, not being a Mega Project, is ineligible for such exemption. The impugned order is set aside, and the appeal is allowed.
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