Glenmark Pharmaceuticals Limited Vs Union of India and Others (Sikkim High Court)
Sikkim High Court held that in Budgetary Support Scheme though the claims are to be filed quarterly, however the amount of reimbursement of budgetary support has to be calculated on a monthly basis.
Facts- The appellant is aggrieved by the judgment of the learned single Judge in WP(C) No.02 of 2023 (Glenmark Pharmaceuticals Limited Union of India and Others), dated 06-05-2024, vide which, the order dated 01-03-2022 of the respondent no.3, was upheld and the writ petition dismissed.
The respondent no.3, in the order of 01-03-2022, impugned before the learned single Judge inter alia observed that the procedure of sanctioning budgetary support was enunciated in the Circulars dated 27-11-2017, of the Central Board of Excise & Customs, Department of Revenue, Ministry of Finance, Government of India and 10-01-2019 of the Central Board of Indirect Taxes & Customs, Department of Revenue, Ministry of Finance, Government of India.
The petitioner’s claim for budgetary support for the period July, 2017 to September, 2017, was rejected by respondent no.3 while allowing its claims for October, 2017 to June, 2018, reasoning that in terms of the computation prescribed in Circular, dated 27-11-2017, the appellant’s claim for budgetary support, after aggregating the tax liabilities and input tax credit and considering that the balance of input tax credit was in the negative, the appellant was not entitled to any budgetary support for the said period.
