GANPATI ENGINEERING Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed seeking direction to the respondents to allow the benefits of the Sales Tax Deferment Scheme contained in the Industrial Policy Resolution of the State Government dated 6th September, 1989.

(2.) AS per the said resolution, the new Industrial Units starting commercial production on 1st April, 1989 and thereafter are eligible to defer payment of sales tax to the extent of 90 per cent of the fixed capital investments. The petitioner has already been allowed the benefits of such deferment to the extent of Rs. 6,62,894.09 Paise calculated on the basis of the fixed capital investment as on the date of production. According to the petitioner, it is entitled to the similar benefits with respect to the subsequent capital investments as well.

(3.) IN course of hearing of the case, the petitioner filed an affidavit, described as Reply to the respondents counter -affidavit, in which it has been stated that although the petitioner was entitled to defer payment of sales tax to the tune of Rs. 15,38, 491 / - on the basis of the capital investments made by it up to 31st March, 1992, it has already repaid on its own Rs. 8,75,597.24 Paise, which is the subject -matter of the claim in the present writ petition, by 31st March, 1997, and has further paid out of the aforesaid sum of Rs. 6,62,894.09 Paise sanctioned by the District -Level Committee, as aforesaid, Rs. 3,66,353.00. The sum of Rs. 2,59,603.60 Paise only remains outstanding to be paid out of the amounts sanctioned by the District -Level Committee.