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Patna High Court

M/s. Johnson Paints Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the Principal Secretary, Department of Industry, Bihar to verify the petitioner’s claim and, if the required documents are on record, process the VAT and GST reimbursement within eight weeks, otherwise give the petitioner a further opportunity to submit the documents.

Summary

The petition was filed by Johnson Paints Pvt. Ltd. seeking reimbursement of 80% of VAT for April‑June 2017 and SGST deposited from July 2017 onward, invoking Clause 3 of the Bihar Industrial Policy Resolution 2011. The State of Bihar argued that the claim could not be processed because the petitioner had not submitted required documents despite multiple notices. The petitioner contended that the necessary documents were submitted on 14 October 2025 and urged the court to direct the authorities to process the claim within a fixed time. The court examined whether the petitioner had complied with the documentary requirements and whether the State was bound to honour the policy‑based subsidy. It held that the authorities must verify the claim and, if the documents are on record, process the reimbursement within eight weeks, otherwise give the petitioner a further opportunity to produce the documents. Consequently, the writ petition was disposed with directions to the Principal Secretary, Department of Industry, to act accordingly.

Issues considered

  • Whether the State of Bihar is obligated to reimburse VAT and SGST under the Industrial Incentive Policy 2011.
  • Whether the petitioner complied with the documentary requirements for claim processing.
  • Whether a writ court can compel the State authorities to process the subsidy claim within a specified time frame.

Legislation cited

  • Bihar GST Act, 2017
  • Companies Act
  • Industrial Incentive Policy, 2011

Subjects

  • VAT reimbursement
  • SGST
  • Industrial Incentive Policy 2011
  • state subsidies
  • writ petition
  • document compliance
  • Bihar GST Act
  • Companies Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.9725 of 2024
                 ======================================================
                 M/s. Johnson Paints Pvt. Ltd. a Company registered under the Companies
                 Act, having its Registered Office at Fathua Road, Sabalpur, Patna City, Patna
                 through one of its Director, Vikram Khanna, Male, Aged about 48 years, son
                 of Sri Shyam Narayan Khanna, Resident of City Centre Apartment, G-4
                 Block, Hajiganj, Opp. Punjab and Sind Bank, Patna City, P.S. Chowk Patna
                 City, District- Patna.

                                                                                ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Chief Secretary, Cabinet Secretariat,
                 Government of Bihar, Patna.
           2.    The Principal Secretary-cum-Commissioner, Department of State Tax,
                 Government of Bihar, Patna.
           3.    The Principal Secretary, Department of Industry, Government of Bihar,
                 Patna.
           4.    The Director of Industries, Department of Industry, Government of Bihar,
                 Patna.
           5.    The Deputy Commissioner of State Tax, Patna South Circle, District- Patna.
           6.    The General Manager, District Industry Centre, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Mohit Agarwal, Advocate.
                 For the Respondent/s    :      Mr. Vivek Prasad, GP 7 with
                                                Mr. Sanjay Kumar, AC to GP 7.
                                                Ms. Roona, AC to GP 7.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

4   05-02-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                       “(i) For issuance of an
                                              appropriate writ or direction upon the
                                              Respondent       Commissioner       of
                                              Commercial Taxes now known as
Patna High Court CWJC No.9725 of 2024(4) dt.05-02-2026
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                                  Commissioner of State Taxes as also the
                                  Deputy Commissioner of Commercial
                                  Taxes now known as Joint Commissioner
                                  of State Taxes/Director of Industries to
                                  reimburse 80% of VAT for the period
                                  April, 2017 to June, 2017 and the
                                  admitted SGST (State Tax) deposited
                                  under the Bihar GST Act, 2017 by the
                                  Petitioner for the period July, 2017 to till
                                  date, and thereafter uptil the date of
                                  eligibility of the petitioner company, as
                                  promised to be granted by the
                                  Respondent State in terms of Clause 3 of
                                  the Industrial Policy Resolution, 2011
                                  (hereinafter referred as ‘Policy, 2011’) as
                                  the same has been abruptly not being
                                  reimbursed in most arbitrary and illegal
                                  manner.
                                             (ii) For a direction to the
                                  Respondents for grant of subsidies at the
                                  earliest to save the petitioner’s unit as it
                                  is suffering due to discontinuance of
                                  reimbursement of the amount of SGST
                                  (State Tax) deposited by the petitioner
                                  and also for non-grant of the amount of
                                  capital subsidy and other subsidies.”
                      3. In the counter-affidavit filed by the Respondent

          Nos. 3, 4 and 6, at paragraph- 8, 9, 10 and 11, it is specifically

          stated as under:-

                                               “8. That since there was huge
                                      amount involved in applications received
                                      from the units through online portal till
                                      31.08.2023, the Finance Department
                                      advised the department to obtain the
                                      approval of cabinet. In the cabinet
                                      meeting dated 25.04.2025, approval was
                                      granted to the proposal of considering
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                                      the claim of the units which made
                                      application on departmental portal till
                                      31.08.2023. The units shall fulfill all
                                      necessary conditions enshrined in
                                      Industrial Incentive Policy 2011 (in short
                                      IIP-2011). Accordingly a resolution to
                                      process the claim of such units was
                                      passed through Memo No. 1107 dated
                                      05.05.2025.
                                                 9. That accordingly, action is
                                      being taken on the claim of unit under
                                      IIP-2011. It is relevant to state here that
                                      after    verification/scrutiny    of    the
                                      application received through portal till
                                      31.08.2023 it was found that the
                                      petitioner unit got consent over its
                                      investment proposal for establishment of
                                      manufacturing cement paints, wall putty,
                                      dry colour and vermillion in the meeting
                                      of District Level Single Window
                                      Clearance Committee dated 30.12.2012.
                                      Later on unit got VAT Eligibility
                                      Certificate by the General Manager.
                                      District Industry Centre, Patna, vide
                                      Letter No. 2004 dated 26.09.2013. And
                                      date of commercial production of the unit
                                      is 01.06.2013.
                                                 10.          That          after
                                      verification/scrutiny of the application of
                                      the petitioning unit vide Letter No. 1106
                                      dated 05.05.2025 as well as Letter No.
                                      1307 dated 27.05.2025 unit was asked to
                                      provide required necessary documents
                                      like property filled SGST format of claim
                                      period, CGWA Certificate, CA Certificate
                                      for Quarter wise capacity Utilization.
                                      Fire audit report from State fire Officer,
                                      CTO from Pollution Department and
                                      Factory license, so that payment be
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                                made. But till date those required
                                necessary documents could not be
                                submitted by the petitioner unit.
                                           11. That as such due to non
                                supply/submission of the necessary
                                documents, claim of the petitioner unit
                                was not further processed and pending
                                for consideration. Once the required
                                necessary document will be supplied by
                                the petitioner, its claim regarding grant
                                incentives will processed further and if
                                found admissible the same will paid to
                                the petitioner.”
                      4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner has supplied the requisite

          documents on 14.10.2025 and the same is evidenced from

          Annexures-P/10 and P/11. Learned counsel submits that in view

          of the same, the respondent-authority may be directed to process

          the application of the petitioner and make the necessary

          payments by fixing a time frame.

                      5. Having regard to the same, the present writ petition

          is disposed of directing the Principal Secretary, Department of

          Industry, Government of Bihar, Patna (Respondent No. 3) to

          verify the claim made by the petitioner and, in case, the

          requisite documents have been submitted by the petitioner on

          14.10.2025 through e-mail as evidenced in Annexure-P/11, they

          shall process the application made by the petitioner for

          reimbursement of VAT and GST, as the case may be, as
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                     expeditiously as possibly preferably within a period of 8 weeks

                     from the date of the receipt of the copy of this order. If after

                     verification, the authority finds that the documents have not

                     been supplied to the authority, they shall put the petitioner on

                     notice and grant him sufficient opportunity to produce the

                     requisite documents.

                                 6. With the above directions, the present writ petition

                     stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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