Govern Lucknow a4 po ct QR &)- oe, \0> | AO ment OF Udar Pradesh Urja Anubhag-3 .
NOP /24D- 32018 > Dated 05 kebruary, 201% Notification l. On the basis of exemption in E lectricity duty allowed under Para 3.4.2.9 of the Utrar Pradesh Industrial and Service Sector Policy-2004 to all new units for a period of 10 years po ] TOVIS ar "S S <F.
wo nd Para 4.5 to all units declared as Pioneer Units for a period of 15 years, Department of nergy by issuing notification No. 1765/24-3-2009-2000(124)/09, dated 21.01.2010 created a vision for exemption in electricity duty to all new Industrial and all units declared as ioneer Units for a period of 10 years and 15 years respectively,
2. With respect to notification dated 21.01.2000 issued by Energy Department, Honorable High Court, in writ petition No. 19842/2003 through order dated 07.11.2010 direcied exemption in electricity duty to industrial units from the date of issuance of notitication. Against ‘above order. in 10449/2017 filed before the Honorable § Gorakhpur and M/S Sarvottam Rolliig Mills order dated 11.08.2017 setting aside the order of Hon Relevant portion of the order passed by Honorable Supre — The High Court has taken the view any benefit under the said notification. We cannot exelnption is required to be made by the exercise civil appeal No.. 10446-10447/2017 and No. 10448.
upreme Court by M/S Gallant Ispat Limited, Pvt. Ltd respectively, Supreme Court passed "ble High Court dated 07.11.2014 me Court is as follows:- that the appellant would not be entitled to agree. While it is correct that the henefit of of the statutory power under the Act, which ———6aing th the jorm of the notification dated 21.01.2 fact that the appellant's case before the High Cou alia, on the strength of the representation held o given efject to by notification date 21.01.2010.- : -p .
I that is so, the appellant on __—s State would be entitled to the benefit of the s exemption } ale Of establishment-of-the _ notification under the Act which c co) | = ~~ 3— So, in view of Honorable Su _ Pioneer Units established before os department under UP, Industrial an 1as been‘ promised, commencing froi under the industrial policy of 2004 will become unit but with effect from the date of iss ame to be issued on 21.01.2010..."
010, what cannot escape our attention is the rt was that he has established his unit, inter ut in the Industrial Policy which came to be There is no dispute on the said fact.
the basis of the basis of representation held out by.the aid notification for the period Jor which nthe date of the notification. The benefit available to all eligible units not from the uance of the requisite preme Court Order dated. 1] 08.2017, Industrial ‘units and issuance of notification dated 21.01.2010 of energy d Service Sectors Policy 2004 and after enforcement of —_ | | LF e lil ot cg fF -E_K _G wet ——soo —_— Industrial and Service Sectors Policy 2004 will be allowed benefits of 10 years and 15 v respectively from the date of notification i.e 21.01.2010 as per law. years
4. . The adjustment of electricity duty de established before issuance of notification date and Service Sectors Policy 2004, will be done posited against energy consumed b a y units” - d 21.01.2010 and after enactment of Industrial from the date of issuance of this notification..
5, .: The claims submitted by New and Pioneer Units w.e.f 21.01.20] as-per law will be adjusted form date of enactment adjustment can be increased as per requirement.
| 0 for electricity duty of this notification and the time period for
6. If any units shut, it can avail reimbursement of electricity duty exemption fron Director, Electricity Safety.
7, | For Example:- | i. Establishment date of new unit-01 April, 2007.
ii, Period of Electricity Duty exemption from-21.01.2010 to 21 01.2020.
iii. Date of enactment of present notification 05.02.2018.
iv. From 21.01;2010 to 04.02.2018 (Till date of. enactment : of present notification) | will be credited to beneficiary. | v, Electricity Duty will be exempted from 05.02.2018 to 21. 01 2020 vi. After 21.01 2020 the credited amount will be adjusted against present Electricity i 8. Industrial units:; vill have to submit their claims in prescribed ——— to Direct ” Blect city Safety and | nits submitting claims to Director, Electricity Safety only will. be allowed adjustment of ‘exemption amount. Along with the Claim, the Certificates of being —New Uni and Pioneer | nit issued by competent authority. duly verified by concerned. officer authosized for electricity duty exemption shall have to be submitted, :
9. |Formats for subr lission of claim by industrial units and reimbursement to be given by "department on it, are attached herewith.
| | by Duty till the entire credited amount gets: adjusted.
By Order i i { | 7 vadck uma a