The 2003 Policy of the Punjab Government granted exemption from ...

Exemption for Market fee doesn't cover Rural Development fee. 2003 Policy doesn't exempt latter. Distinct fees under different statutes. Only Mega Projects exempted. Respondent ineligible.

Case Laws     Indian Laws

July 17, 2024

The 2003 Policy of the Punjab Government granted exemption from payment of Market fee under Clause (i) of 11.4.2, but did not specifically exempt Rural Development fee. The High Court erred in dismissing the petition based on the State counsel's submission that Market fee covered Rural Development fee, without adjudicating the issue on merits. The 2003 Policy does not exempt Rural Development fees, and assuming such exemption would broaden the policy's scope unintentionally. Market fees and Rural Development fees are distinct under different statutory frameworks and cannot be equated. No unit other than approved Mega Projects has been allowed exemption from Rural Development fee. The respondent, M/s Punjab Spintex Limited, not being a Mega Project, is ineligible for such exemption. The impugned order is set aside, and the appeal is allowed.

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