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    <title>2023 (3) TMI 124 - CALCUTTA HIGH COURT</title>
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    <description>An incentive scheme granting sales tax remission applied only to fixed capital investments made within the scheme period, so no fresh entitlement arose for investments made after expiry. The petitioner had already obtained remission on earlier qualifying investment and under a special package, but the additional fixed capital investment made later did not fall within the eligible period. Section 118(c) of the West Bengal Value Added Tax Act, 2003 protected only the remaining unexpired benefit under the earlier regime and did not create a new right for post-scheme investment. The discretionary relaxation power under Section 44 of the West Bengal Sales Tax Act, 1994 did not confer an enforceable claim, and no basis was shown for promissory estoppel or arbitrariness.</description>
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      <link>https://www.taxtmi.com/caselaws?id=434738</link>
      <description>An incentive scheme granting sales tax remission applied only to fixed capital investments made within the scheme period, so no fresh entitlement arose for investments made after expiry. The petitioner had already obtained remission on earlier qualifying investment and under a special package, but the additional fixed capital investment made later did not fall within the eligible period. Section 118(c) of the West Bengal Value Added Tax Act, 2003 protected only the remaining unexpired benefit under the earlier regime and did not create a new right for post-scheme investment. The discretionary relaxation power under Section 44 of the West Bengal Sales Tax Act, 1994 did not confer an enforceable claim, and no basis was shown for promissory estoppel or arbitrariness.</description>
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      <pubDate>Tue, 28 Feb 2023 00:00:00 +0530</pubDate>
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