M/S. HEBE ISPAT AT RASHIDCHAK AGAMKUAN, DISTRICT PATNA THROUGH ITS PARTNER SRI ISHWAR PRASAD GOENKA SON OF LATE BHOLA RAM GOENKA R/O HIRA NAND SAH LANE, P.S. CHOWK, PATNA CITY, DISTRICT PATNA Vs. THE STATE OF BIHAR THROUGH THE COMMISSIONER OF COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner seeks sales tax incentives under the Industrial Policy, 1995 and to disburse the amount collected as Sales Tax in the years 2003-04 to 2011-12 as also to pay the said amount with interest accrued thereon.

(3.) The petitioner is a partnership firm, which established a new small scale industrial unit for the manufacturing of Steel Bars and structures. The petitioner asserts that for the industrial growth in the State, the State of Bihar issued Industrial Policy for providing incentives and tax benefits under the Sales Tax Laws in the shape of exemption from sales tax for specific period on purchase of raw materials as well as sale of finished goods as per the Industrial Policy, 1995. The unit of the petitioner was registered before the General Manager, District Industries Centre, Patna, Directorate of Industries, Government of Bihar on 29th of Aug., 2000 and was granted registration certificate by the Assistant Commissioner of Commercial Taxes (In-charge), Patna City West Circle, Patna City. The petitioner commenced commercial production on 10th of March, 2004 and, thus, entitled to exemption from the sales tax for the period of 8 years in terms of Notification Nos. S.O. 478 and 479 dated 22nd of Dec., 1995, as amended by Notification Nos.57 and 58 on 2nd of March, 2000.