1992 (2) TMI 352 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of sales tax incentive scheme eligibility.
2. Application of promissory estoppel in government promises.
3. Consideration of investments for sales tax deferment benefits.
4. Equitable relief for petitioner's reliance on government assurances.

Detailed Analysis:
1. The petitioner, a manufacturer of welding electrodes, established a new industrial unit in a backward area in reliance on the sales tax incentive scheme declared by the Government. The dispute arose regarding the calculation of sales tax deferment benefits based on the investments made by the petitioner between January 7, 1982, and December 22, 1982. The Government's resolution made certain industries ineligible for incentives, including the petitioner's industry involving wire drawing of steel and wire rods. The petitioner contended that the full benefit of the promised scheme should be granted, invoking the doctrine of promissory estoppel to prevent the Government from retracting its promise.

2. The principle of promissory estoppel, as explained by the Supreme Court, prohibits a party from reneging on a clear promise intended to create legal relations and acted upon by the other party. The doctrine aims to prevent injustice when one party relies on a promise to their detriment. In this case, the petitioner argued that they had made substantial investments and commitments based on the Government's promise, and it would be inequitable for the Government to deny them the benefits of the scheme due to subsequent exclusions of their industry from incentives.

3. The Court considered previous judgments and established that the petitioner was entitled to invoke promissory estoppel despite the industry's later exclusion from the scheme. The petitioner had relied on the Government's assurance, made investments, and altered their position before the exclusion took effect. It was deemed unfair to deprive the petitioner of the benefits they were promised. The authorities had erred in determining the benefit based only on investments made until January 7, 1982. The Court directed the authorities to consider further investments made by the petitioner until December 20, 1982, if shown by the petitioner, for determining the extent of benefits under the scheme.

4. Ultimately, the petition was partly allowed, directing the authorities to amend the eligibility and deferment certificates to extend the benefits to the petitioner as per the amended certificate. The Court granted relief based on the principles of promissory estoppel and equity, acknowledging the petitioner's reliance on the Government's promises and investments made in establishing the new industrial unit.