2006 (8) TMI 309

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....ax w.e.f. 1.1.2004 in terms of the Jharkhand Industrial Policy, 2001 read with S.O. Nos.65, 66 and 67 all dated 12.1.2002 issued under the Bihar Finance Act, 1981 with other consequential benefits. To determine the issue, it is necessary to notice the relevant facts, laws, Jharkhand Industrial Policy, 2001 and Circulars/guidelines issued by the respondents from time to time which are as under. The then State of Bihar issued an Industrial Policy in the year 1995, known as "Bihar Industrial Policy, 1995", where under provision was made to grant benefit of exemption of sales tax on purchase of raw materials and on sale of finished goods to industrial units. Two Notifications bearing S.O. No.478 and 479, both dated 22.12.1995 were issued ....

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....e benefits in terms of the provisions of the Jharkhand Industrial Policy, 2001. After the first Jharkhand Industrial Policy, 2001 was given effect to vide Notification being S.O. Nos.65, 66 and 67 all dated 12.1.2002, the petitioner applied for and requested to 'set-off' the sales tax w.e.f. 1.1.2004. When no reply was received, the petitioner of its own approached the authority and filed its detailed submission explaining to the authority as to how it is entitled to such benefit, but no decision having been taken by the respondent and the benefit of 'set-off of sales tax' having not allowed for the period from 1.1.2004 to 31.3.2005, the petitioner preferred the writ petition, out of which this appeal arises. The writ petition was fil....

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....the appellant is entitled to the benefit of Clause 28.1. Admittedly, the appellant had been granted the benefit of Sales Tax-deferment for a period of eight years from 1995 to 31.12.2003 under the Old Bihar Industrial Policy, 1995 read with Notification S.O. No.478 and 479 both dated 22.12.1995. Thus, it is an admitted case that on the effective date i.e. 15.11.2000 the appellant was actually availing the facility of Tax-deferment under the Notification announced earlier. Hence in our opinion on a plain reading of Clause 28.1 of the Industrial Policy, which was introduced on 15.11.2000 in the State of Jharkhand, the appellant is not entitled to the benefit under Clause 28.1. Learned counsel for the appellant contends that if we hol....