ESSAR OIL LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is directed against denial of sales-tax incentive benefit to the first petitioner Company Essar Oil Ltd. (hereinafter referred to as the "petitioner" or the "petitioner Company") under the Government of Gujarat Capital Investment Incentive Premier Prestigious Scheme, 1995-2000 (hereinafter referred to as "the said Scheme" ).

(2.) THE facts leading to filing of this petition may be set out in three parts the first part relating to initial setting up of the project and the scheme floated by the State Government for granting incentives to the industries coming up in the backward areas; the second part narrating the events which prevented the petitioner Company from completing the project within the time limit and the consequent impact by denial of the benefits of the sales-tax incentives and the third part indicating how the petitioner Company could complete the project after the Hon'ble Supreme Court removed the cloud.

(3.) THE Project and the Sales Tax Incentive Scheme