VidhiSangh

Supreme Court of India · 17/07/2020

M/S. ULTRATECH CEMENT LTD. & ANR. versus STATE OF RAJASTHAN & ORS.

[2020] 7 S.C.R. 392 · 2020 INSC 456

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Summary

Ultratech’s Kotputli unit was entitled to investment subsidy capped at 50%, rather than the 75% erroneously sanctioned by the screening committee. BIDI had neither approved the higher limit under the applicable proviso nor granted a customised package. Revision and recovery of the excess were upheld. Interest was reduced from 18% to 12% annually: there was no breach or misrepresentation attracting the scheme’s 18% clause, but the company had expressly undertaken to repay excess benefits with 12% interest.

Issues

  1. Whether BIDI’s decision entitled the unit to 75% subsidy notwithstanding deletion of the special cement provisions.
  2. Whether contemporaneous administrative interpretation, promissory estoppel or completion of the subsidy period barred revision and recovery.
  3. What interest was recoverable on excess subsidy.

Provisions considered

Held

Result

Appeal partly allowed only as to interest, reduced to 12% per annum from availing excess subsidy until payment or recovery. Recovery and the 50% entitlement upheld. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2020] 7 S.C.R. 392.