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Showing contexts for: spin-off in Southern Petrochemical Industries Co. ... vs Electricity Inspector And E.T.I.O. & ... on 15 May, 2007Matching Fragments
39. It was submitted that the 'privilege' is superior to the right and in that view of the matter even if the appellants have not acquired any right, they having enjoyed privilege, the same is saved under Clause (b) of Sub-section (1) of Section 20 of the 2003 Act.
40. The parties have set up their industries relying on the promises made by the State. In particular sugar industries have spent about Rs. 745.64 crores in that behalf. Taking account of this substantial spin-off, doctrine of promissory estoppel should be attracted in this case and in that view of the matter, the State is estopped from demanding the electricity duty from the captive power plants including the appellants. Reliance in this behalf has been placed on MRF Ltd., Kottayam v. Assistant Commissioner (Assessment) Sales Tax and Others. [(2006) 8 SCC 702] and State of Punjab v. Nestle India Ltd. and Another [(2004) 6 SCC 465].