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3. Put in a nutshell, case of the appellant is that the subsidy in question, to the extent of 75% of tax payable and deposited, was availed by it under the Rajasthan Investment Promotion Scheme-2003 only in terms of and pursuant to: (a) the decision taken by the high-powered Board of Infrastructure Development and Investment Institution8 on 01.04.2006; (b) the Memorandum of Understanding9 entered with the State Government on 30.11.2007; and (c) the Entitlement Certificates issued by SLSC on 29.04.2011 and 24.11.2011. Therefore, according to the appellant, there was no occasion for the ACS to invoke Clause 13 of the Scheme; and the appellant can neither be forced to repay the amount of subsidy already availed of nor could any interest be charged. Per contra, stand of the respondents is that the decision of BIDI 7 ‘SLSC’ for short.

For diversification the amount of Capital Investment subsidy shall be subject to a maximum of fifty percent of the amount of Central Sales Tax and VAT payable or deposited by the unit over and above the highest tax payable or deposited whichever is higher, in any of the three immediately preceding years.” provided that the maximum limit of fifty percent prescribed under clause 7(i)(a) and clause 7(i)(b) may be raised by the BIDI (Board of Infrastructure Development & Investment Promotion, Government or Rajasthan) to sixty percent in such cases where the investment exceed Rs.

6.1. The restructuring of BIDI and its mandate was specified by the State Government in its Administrative Reforms (Gr.3) Department by the order dated 15.01.2005 in the following terms:-
“In superannuation of department’s Order No. F.6(51)AR/Gr.3/96 dated 26th January, 1999, the Governor is pleased to re-structure the BOARD OF INFRASTRUCTURE DEVELOPMENT AND INVESTMENT INSTITUTION (BIDI) to the following members:-
1. Chief Minister - Chairman
i) The decision taken under Agenda No. 13 of Meeting dated 17.03.2011 of State Level Screening Committee (SLSC) is erroneous because while considering the matter the Committee presumed that increasing of capital investment subsidy of deposited tax from 50% limit to 75% limit as per first proviso to clause 7(i)(a) and 7(i)(b) of the Rajasthan Investment Promotion Scheme, 2003 (RIPS-2003) has been approved by the Board of Infrastructure Development and Investment Promotion (BIDI) in its meeting dated 01.04.20016 (sic) whereas no such order was passed by the Board of Infrastructure Development and Investment Promotion (BIDI) for increasing available capital investment subsidy from 50% limit to 75% of payable and deposited tax in view of provision of clause 7(i)(a) and 7(i)(b) of Rajasthan Investment Promotion Scheme 2003 (RIPS-2003).