TMI Blog2013 (5) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... centage, provided in section 4A of the Act as amended by Ordinance No. 18 of 1999, is subject to issuance of notification, - Writ Tax Nos. 232, Writ Tax Nos. 1410 of 2003 - - - Dated:- 22-5-2013 - SUNIL AMBWANI AND BHARAT BHUSHAN JJ. Bharat Ji Agrawal, Senior Advocate Amit Jaitly and Piyush Agrawal for the petitioner. The Chief Standing Counsel for the respondents. JUDGMENT W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the judgments of the court in Arora Box Industries, Varanasi v. Divisional Level Committee, Varanasi [1993] UPTC 204 and Newage Printing Ink Company, Meerapur, Allahabad v. State of U. P. [1995] UPTC 952, in which it was held that after granting exemption, the Divisional Level Committee has no power to curtail the period. 5. The writ petitions have been filed on the principle of law that any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , granting exemption in the trade tax, were made applicable to only those units, which have fixed capital investment of more than ₹ 50 crores. The limit of ₹ 50 cores was never reduced by any notification. On the contrary, similar benefits were provided by Ordinance No. 18 of 1999, even to those units having fixed capital investment of more than rupees five crores, subject to issuance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les the industrial units to avail of incentives and benefits declared by the State Government in its own industrial incentive policy. In exercise of such power, it would not be permissible for the State Government, to deny any benefit which is otherwise available to an industrial unit under the incentive policy. 8. In the present case, the industrial policy is clearly reflected in the proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant of exemption. We do not agree with the submission of Sri Bharat Ji Agrawal that issuance of notification is not necessary for giving benefit of the proviso under section 4-A of the Act as amended by Ordinance No. 18 of 1999. The grant of exemption is only an enabling provision, subject to issuance of notification by the State Government. 10. We are informed that the State Government has gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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