Facts and Arguments: petitioner engaged in business of producing and selling of Ductile Iron Pipes, Pig Iron and Metallurgical Coke.
A scheme was introduced by respondent no 1 named West Bengal Incentive Scheme ( WBIS) 2000. Where Industrial Promotional Allowance proposed to be given on a subjective basis in specific location mentioned therein.
Under clause 18 of the said act petitioner was applied to the Government and it was approved on March 22, 2004 granting incentives for expansion of new manufacturing unit of the petitioner by way of setting up three units at Khardah, Haldia and Kurseong with an investment of rupees 400 crores for manufacturing of some specific items. The mode of calculation of IPA as per clause 4 is the unit will apply in the prescribed form on commencement of commercial production and on investment of rupees 25 crores.
Learned senior Advocate for the petitioner submitted that due to delay in issuance of CCT claim for the period 2011 to 2015 could not be made in before 2020.
Court’s Observation: As per the clause 4 and 11 of the scheme the amount of investment for availing IPA is 25 crores per unit where as the amount 400 crores mentioned in the clause 18 of such scheme is the maximum limit of investment throughout the 3 units as mentioned in such clause.
The incentive package offer to the petitioner is comprised in Order No: 1215/JS/DC dated March 22, 2004. By Government of West Bengal.
In clause (I) of the approval , it is expressed that the offer should be available for a period of 15 year or till the financial cap is reached , whichever ends earlier. So, claim for investment from the period of 2011 to 2015 is within the period offer in incentive package.
Therefore court allow the petition and directs the respondent no : 1 to pay the amount of subsidy to the petitioner within two months.
Pronounced by:Hon’ble Justice Sabyasachi Bhattacharyya
Citation: 2024:CHC- OS:58