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2004 (11) TMI 44 - KERALA HIGH COURTRealisation of tax - Sick Industrial Companies (Special Provisions) Act, 1985 - contention of the petitioner is that it is a sick industry registered under the provisions of the Sick Industrial Companies (Special Provisions) Act and an appeal from the order passed by the Board for Industrial and Financial Reconstruction under the SICA is pending before the appellate authority. In view of the pendency of the appeal, it is contended that there is a clear bar for proceeding to recover any amount by the first respondent herein in view of section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985. - Held that it is obligatory for the first respondent to apply for necessary consent from the appellate authority before taking any execution proceedings for realising the amount due to them. - In these circumstances, the proper course open to the first respondent is to approach the Appellate Authority under the Act and obtain consent before proceeding to realize any amount in execution of the order passed under the Income-tax Act or the Wealth-tax Act as the case may be.
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