ULTRATECH CEMENT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 11.01.2019 passed in D.B. Civil Writ Petition No. 9090 of 2018, whereby the High Court of Judicature for Rajasthan, Bench at Jaipur, dismissed the writ petition filed by the appellants while upholding the order of revision dated 12.03.2018 as passed by the Additional Chief Secretary, Finance, Government of Rajasthan, Jaipur ['ACS' for short] in revision proceedings under Clause 13 of the Rajasthan Investment Promotion Scheme-2003 [Hereinafter also referred to as 'RIPS-2003' or simply 'the Scheme'.].

(3.) Put in a nutshell, case of the appellant is that the subsidy in question, to the extent of 75% of tax payable and deposited, was availed by it under the Rajasthan Investment Promotion Scheme-2003 only in terms of and pursuant to: (a) the decision taken by the high-powered Board of Infrastructure Development and Investment Institution ["BIDI" for short.] on 01.04.2006; (b) the Memorandum of Understanding ["MoU" for short.] entered with the State Government on 30.11.2007; and (c) the Entitlement Certificates issued by SLSC on 29.04.2011 and 24.11.2011. Therefore, according to the appellant, there was no occasion for the ACS to invoke Clause 13 of the Scheme; and the appellant can neither be forced to repay the amount of subsidy already availed of nor could any interest be charged. Per contra, stand of the respondents is that the decision of BIDI dated 01.04.2006 is of no good for the appellant because the package referred therein was withdrawn and the corresponding provisions in the Scheme were deleted on 28.04.2006; and the benefits under the deleted provisions could have been granted only until the date of their deletion, i.e., 28.04.2006. Thus, according to the respondents, understanding of the State Government with the company had only been to extend the benefit of incentive in terms of subsidy to the extent permissible under the Scheme and not beyond. The respondents would assert that the aforesaid Entitlement Certificates were erroneously issued by SLSC and the matter being related to public exchequer, the appellant is not entitled to claim any relief contrary to the applicable provisions/stipulations.