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Patna High Court

BiharversusM/S Essell Lubricants and Chemicals Private Limited

Decided
Disposal
DISMISSED

Holding

The single judge’s order directing reimbursement of 80% VAT is upheld; the State’s attempt to curtail the benefit is barred by promissory estoppel.

Summary

The State of Bihar appealed against a single judge’s order directing it to reimburse 80% of VAT paid by M/S Essell Lubricants for FY 2012-13 to 2014-15 under the 2006 Industrial Incentive Policy. The company had received an eligibility certificate and 80% reimbursement for earlier years, but the State later limited reimbursement to 25% citing the 2011 policy. The court examined whether the State could withdraw the benefit after granting it and whether the single judge’s order contained any legal error. Relying on the principle of promissory estoppel and legitimate expectation, the court held that the State’s earlier assurance could not be withdrawn. Consequently, the appeal was dismissed and the original order upheld.

Issues considered

  • Whether the State can deny the 80% VAT reimbursement granted under the 2006 Industrial Incentive Policy by invoking the later 2011 policy.
  • Whether the single judge’s order suffers from any error, illegality or perversity warranting interference.
  • Whether the doctrine of promissory estoppel/legitimate expectation applies to enforce the reimbursement.

Subjects

  • Industrial Incentive Policy
  • VAT reimbursement
  • Promissory estoppel
  • Legitimate expectation
  • Intra-court appeal
  • Industrial incentives

Judgment

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.576 of 2024
                                           In
                    Civil Writ Jurisdiction Case No.10038 of 2020
     ======================================================
1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Industries, Government of Bihar,

     Patna.
3.   The Commissioner-cum-Secretary, Department of State Taxes, Government

     of Bihar, Patna.
4.   The Director, Industries, Department of Industry, Government of Bihar,

     Patna.
5.   The      Director     (Technical   Development),    Department       of   Industry,

     Government of Bihar, Patna.
6.   The General Manager, District Industries Centre, Aurangabad.

                                                                       ... ... Appellant/s
                                            Versus

     M/S Essell Lubricants and Chemicals Private Limited having its office at

     Eyhari Road Farm, Aurangabad- 8204101, through its Managing Director,

     Laxmi Prasad, aged about-57 years, S/o- Late Gupteshwar Ram, resident of

     village- Nawadih Road, near Kali Club, P.S.- Aurangabad, District-

     Aurangabad.


                                               ... ... Respondent/s
     ======================================================
     Appearance :

     For the Appellant/s       :        Mr. Shankar Kumar, AC to AAG-7

     For the Respondent/s      :        Mr. Abhishek Kumar, Advocate

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                           ORAL ORDER

     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
         Patna High Court L.P.A No.576 of 2024(5) dt.26-02-2026
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5   26-02-2026                    Heard the parties.

                                2. The present intra Court appeal is being directed

                   against the judgment/order dated 22.03.2024 and modified order

                   dated 16.05.2024 passed in C.W.J.C. No. 10038/2020, passed by

                   Hon’ble Single Judge, whereby and whereunder the appellants

                   (writ respondents) were directed to reimburse the 80% of the

                   VAT amount paid by the respondent (writ petitioner/company)

                   for the period 2012-13, 2013-14 and 2014-15 after adjusting the

                   amount which has already been paid.

                                3. The brief facts leading to filing of the present intra

                   court appeal are that the Bihar government published 2006

                   Policy for increasing the industrial growth of the State and to

                   revive the sick and closed unit by creating favourable

                   environment to attract domestic and foreign investment. As per

                   Clause 2 (vi) read with Clause 10 of the Policy, new units which

                   commence the commercial production within five years from

                   01.04.2006 were given the incentive of 80% of reimbursement

                   against the admitted VAT amount deposited by the unit in the

                   account of the State Government. This facility was made

                   available for a period of ten years. The petitioner, on the basis of

                   promise made under the Policy, setup a manufacturing unit of

                   refined petroleum products for which production commenced on
Patna High Court L.P.A No.576 of 2024(5) dt.26-02-2026
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          01.07.2008. Vide letter no. 546, dated 31.07.2010, the petitioner

          was issued eligibility certificate under the 2006 Policy by the

          General Manager, District Industrial Centre, Aurangabad,

          certifying that the petitioner/company is eligible to receive

          reimbursement of 80% of VAT paid under the 2006 Policy.

                       4. The learned Single Judge passed the following

          order after hearing the parties and upon consideration of the

          materials available on record:

                                                “15. In the present case, under 2006
                                   Policy, the unequivocal promise made by the State
                                   was that the new industrial unit which commences
                                   production within five years from the cut off date
                                   fixed under the Policy i.e.. 01.04.2006, shall be
                                   entitled for VAT reimbursement to the extent of 80%.
                                   In response to the Policy, the petitioner/unit
                                   established an industrial unit for manufacture of
                                   refined    petroleum   products    (lubricants)     and
                                   admittedly, commenced production within two years
                                   from the date of coming into force the Industrial
                                   Policy i.e., of 01.07.2008. The State Government
                                   granted eligibility certificate under the 2006 Policy
                                   to the petitioner/company certifying that the
                                   petitioner/unit is eligible to receive reimbursement
                                   of 80% of VAT paid under the Industrial Policy,
                                   2006. The Policy was acted upon and the
                                   petitioner/unit based on the promise, made under
                                   the    policy,   altered/changed   its   position    by
                                   establishing the manufacturing unit. It invested a lot
                                   of amount also on the basis of promise made in the
                                   Policy. The respondent/State reimbursed 80% of the
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                                   VAT paid by the unit for the year 2010-11 and 2011-
                                   12, thereafter. for the financial year 2012-13, 2013-
                                   14 and 2014- 15. it has been denied on the basis of
                                   subsequent Policy of 2011 that the unit is only
                                   entitled for 25% of reimbursement and not 80%. The
                                   decision taken by the Authority in letter no. 649
                                   dated 27.08.2021, which has been challenged by
                                   way of I.A., is arbitrary and whimsical decision.
                                   lacking application of mind inasmuch as the
                                   respondent/state itself granted eligibility certificate
                                   to      the         petitioner/unit    for      grant    of
                                   incentive/reimbursement of VAT amount and in fact
                                   reimbursed the amount also to the extent of 80% for
                                   two financial years i.e., 2010-11 and 2011-12 and
                                   25% for another financial years upto 2014-15.
                                   Therefore, the plea that the petitioner/unit was not
                                   having        the     single    window       clearance   by
                                   S.I.P.B./District Committee. is preposterous and is
                                   not acceptable. accordingly, letter No. 649, dated
                                   27.08.2001, is quashed.
                                                  16.       Considering     the      aforesaid
                                   submissions of the parties and the law laid down by
                                   the Apex Court. in my opinion, the State, having
                                   made a promise under the Industrial Policy, 2006, to
                                   extend the incentive benefits to the industrial unit
                                   for a period of ten years and the petitioner/company
                                   having acted on the promise made investment,
                                   fulfilled the criteria for grant of incentive, the
                                   respondent/State cannot deny the benefits arising
                                   out of 2006 Policy on the principles of promissory
                                   estoppel/legitimate expectation. accordingly, I direct
                                   respondent/authorities to reimburse the 80% of the
                                   VAT amount paid by the petitioner/company for the
                                   period 2012- 13. 2013-14 and 2014-15 alter
                                   adjusting the amount which has already been paid
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                                   by the respondents to the petitioner. The amount
                                   towards incentive arrived at for the aforesaid period
                                   must be paid by the respondents within a period of
                                   two months from the date of receipt/ production of a
                                   copy of this order.”


                       5. Learned counsel for the appellants submits that

          learned Single Judge has not appreciated the fact that earlier the

          Commercial Taxes Department used to directly settle the

          reimbursement claim of the units under the 2006 and 2011

          policy but from FY 2016-17, this process was stopped and the

          system of online application was introduced. He further submits

          that the writ petitioner (herein respondent) has applied on online

          portal on 21.03.2018 and during such processing the unit was

          recommended for VAT reimbursement as presently working unit

          in terms of the provisions contained under Clause 3 (iii) of the

          Industrial Incentive Policy, 2011. He further points out that the

          writ petitioner (respondent herein) was not entitled for 80% of

          VAT/ Entry Tax Reimbursement as it has failed to take clearance

          from District Level Single Window Clearance Committee.

                       6. Learned counsel for respondent submits that after

          the coming into force of the Policy of 2006, the respondent–

          company set up a manufacturing unit for refined petroleum and,

          in accordance with the said policy, commenced commercial

          production on 01.07.2008, i.e., within five years from the cut-off
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          date of 01.04.2006. It is submitted that the respondent’s unit was

          fully covered under the 2006 Policy and, as such, was eligible

          for reimbursement of 80% of the VAT.

                       7. The limited issue that arises for consideration is

          whether, in the facts and circumstances of the present case, the

          impugned order passed by the learned Single Judge suffers from

          any legal infirmity warranting interference by this Court in

          exercise of its intra court appellate jurisdiction.

                       8. Upon perusal of the materials available on record, it

          is apparent that under the Industrial Policy of 2006, the State

          had clearly assured that any new industrial unit commencing

          production within five years from the cut-off date of 01.04.2006

          would be entitled to reimbursement of VAT to the extent of

          80%. Acting on the said assurance, the respondent established

          an industrial unit for the manufacture of refined petroleum

          products (lubricants) and commenced commercial production on

          01.07.2008, which is well within the period stipulated under the

          Policy.

                       9. Further, it is not in dispute that the State

          Government granted an eligibility certificate to the petitioner

          under the 2006 Policy, certifying that the petitioner’s unit was

          entitled to reimbursement of 80% of the VAT. Moreover, it is
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          apparent that the appellant reimbursed VAT at the rate of 80%

          for the financial years 2010-11 and 2011-12. However, for the

          subsequent financial years 2012-13, 2013-14, and 2014-15, the

          authorities restricted the reimbursement to 25% by applying the

          subsequent Industrial Policy of 2011.

                       10. In view of the submissions advanced and the

          discussion made hereinabove, having once granted an eligibility

          certificate under the Industrial Policy of 2006 and, in

          furtherance thereof, extended the benefit of reimbursement of

          VAT at the rate of 80% for two financial years, the appellant–

          State could not have curtailed or withdrawn such benefit by

          placing reliance on a subsequent policy. The entitlement of the

          respondent, having been duly recognized and acted upon by the

          State itself, could not thereafter be denied or restricted, as such

          an action would run contrary to the assurances held out under

          the 2006 Policy.

                       11. We, therefore, find that the learned Single Judge

          has correctly appreciated the factual matrix as well as the

          applicable legal position and there is no error, illegality, or

          perversity warranting interference by this Court.

                       12. Accordingly, the present intra court appeal stands

          dismissed.
           Patna High Court L.P.A No.576 of 2024(5) dt.26-02-2026
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                                  13. Pending application(s), if any, shall also stand

                     disposed of.



                                                  (Sudhir Singh, J)


                                             (Rajesh Kumar Verma, J)
Sachin/-

U


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