Sanjiv Khanna JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Gujarat dated 06.05.2016 passed in Tax Appeal Nos. 136 of 2016 to 140 of 2016 by which the High Court has dismissed the said appeals preferred by the State and has upheld the common order dated 29.01.2015 passed by the Gujarat Value Added Tax Tribunal, Ahmedabad (hereinafter referred to as the "Tribunal") in Second Appeal Nos. 420 to 423 of 2013 by which the Tribunal held that the Respondent is entitled to the exemption from payment of amount of sales tax as per the original Entry No. 255(2) vide F.D.'s Notification dated 05.03.1992, which was issued Under Section 49(2) of the Gujarat Sales Tax Act, 1969 (hereinafter referred to as "Act, 1969"), the State of Gujarat has preferred the present appeals.
2. That the Respondent herein - Assessee-dealer (earlier known as Essar Steel Ltd.) is engaged in the activity of manufacture and sale of Hot Briquetted Iron (HBI) and Hot Rolled Coil (HRC) at its two units located at Hazira in Surat, Gujarat. The Respondent holds registration certificate under the Gujarat Sales Tax Act, 1969 and also under the Central Sales Tax Act, 1956. The Respondent made eligible investment in Unit No. 1 pursuant to Resolution dated 07.05.1986 issued by the Industries, Mines and Energy Department of the Government of Gujarat. Therefore, the Respondent was certified as entitled to avail incentives during the eligible period from 01.08.1990 to 31.07.2004 up to the upper monetary limit of Rs. 237.59 crores.
2.1. The Government of Gujarat vide Resolution dated 26.07.1991 announced a scheme known as "The Scheme for Special Incentives to Prestigious Units 1990-95 (modified)" for attracting investments in core sector industries. Under the said scheme, a prestigious unit was eligible for incentives up to 90% of the fixed capital investment. That pursuant to the said Scheme, the Respondent - Essar Steel Ltd. (hereinafter referred to as "ESL") invested approximately Rs. 5000 crores for manufacture of HRC. That the said exemption was provided as per Entry 255 of the notification issued by the Government of Gujarat Under Section 49(2) of the Act, 1969. That the Unit No. 2 of the ESL was granted Sales Tax exemption in terms of Entry No. 255(2) of the Notification dated 05.03.1992 issued Under Section 49(2) of the Act, 1969 for the period from 22.02.1993 to 21.02.2007 up to a maximum monetary limit of Rs. 2050 crores.
2.2. At this stage, it is required to be noted that the said exemption as per Entry No. 255(2) vide Notification dated 05.03.1992 was subject to fulfilling certain conditions provided in the said original Entry No. 255(2), which shall be dealt with hereinafter below.
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