GAUHATI HIGH COURT ISSUES ORDER ON ISHWAR FOOD PRODUCTS V/S THE UNION OF INDIA AND 4 ORS CASE

GUWAHATI, India, Aug. 22 -- Gauhati High Court issued the following order on July 22:

1. Heard Dr. A. Todi, the learned counsel appearing on behalf of the Petitioner and Mr. R. K. D. Choudhury, the learned Deputy S.G.I. appearing on behalf of the Respondent No.1. I have also heard Mr. A. Kalita, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3 and 4 and Mr. G. Das, the learned counsel appearing on behalf of the Respondent No.5.

2. The Petitioner herein has invoked the extraordinary jurisdiction of this Court challenging the communication dated 20.11.2009 issued by the Under Secretary to the Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (DIPP) whereby compliance were sought for in the form of Checklists for scrutiny of all claims arising from transportation of raw materials and finished products prior or post 10.09.2009.

3. The grievance of the Petitioner is that in the Checklist-A which is for scrutiny of the claims pertaining to transport subsidy prior to 10.09.2009, there is a requirement being inserted that the person claiming subsidy has to produce the bank statement for payment made to transporter during the period (payment only by cheque). It is the specific case of the Petitioner that in respect to the claims for the period prior to 10.09.2009, the Petitioner's claim cannot be rejected on the ground of the communication dated 20.11.2009 and more particularly Checklist-A.

4. In order to appreciate the grievances of the Petitioner, this Court finds it relevant to take note of the brief facts which led to the filing of the instant proceedings.

5. On 23.07.1971, the Government of India had notified a scheme for grant of subsidy on transportation of raw materials and finished goods to and from certain selected areas with a view to promote growth of industries. The Scheme (hereinafter referred to as the "Transport Subsidy Scheme"), has been amended from time to time.

6. A perusal of the writ petition does not reflect as to what business, the Petitioner is carrying out. Be that as it may, the Petitioner submitted claims in terms with the said Transport Subsidy Scheme for various periods. The details of the period of claim and the amounts so claimed by the Petitioner are reproduced herein under:

Table omitted, can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d0bBs8lwMCJT8nh6VLANGl5VzXmRGNjhCaYoE18siHBi&caseno=WP(C)/463/2020&cCode=1&cino=GAHC010013952020&state_code=6&appFlag=)

7. It is the further case of the Petitioner that although the Petitioner submitted those claims, the Petitioner was not paid any amount. This resulted in the Petitioner filing a writ petition before this Court which was registered and numbered as WP(C) No.5742/2011.

8. It is very pertinent at this stage to mention that in the said proceedings i.e. WP(C) No.5742/2011, the Respondent No.4 herein had filed its affidavitin-opposition on 12.03.2012. In the said affidavit-in-opposition, various aspects were mentioned on the merits of the said proceedings. Be that as it may, it is very relevant to mention that to the said affidavit-in-opposition, the impugned communication dated 20.11.2009 was enclosed as Annexure-C. The record reveals that during the pendency of the said proceedings, the respondent authorities have disbursed the claims so made as referred to herein above except those claims which were paid by cash. It is pertinent herein to mention that though the State Level Committee for scrutiny and verification of the claims have recommended the claims so made by the Petitioner including the claims based upon cash payments, but the Respondent No.1 rejected the claims of the Petitioner insofar as those payments made by way of cash.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d0bBs8lwMCJT8nh6VLANGl5VzXmRGNjhCaYoE18siHBi&caseno=WP(C)/463/2020&cCode=1&cino=GAHC010013952020&state_code=6&appFlag=)

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