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2013 (10) TMI 1281 - ALLAHABAD HIGH COURTFailure to comply with the provisions of section 9(1B) of the U.P. Trade Tax Act, 1948 - protection under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 - Held that:- A reading of section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 makes it clear that it bars the proceedings for winding up of the company or for realization of dues through suit, execution or by adopting coercive measure and for enforcing any security or guarantee against the company alone. In the instant case none of the procedure has been adopted for recovering any amount from the assessee/revisionist. No proceedings have been initiated for realization of the tax dues. It is only by virtue the statutory provision that the assessee/revisionist is obliged to deposit the tax dues and to furnish proof thereof so that its appeal is entertained. The deposit of the tax dues by the assessee/revisionist as such is a voluntary act for which no proceedings much less that of distress have to be adopted. - assessee/revisionist is not entitle to any protection under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 - authorities below have not committed any error in rejecting the appeals of the assessee-revisionist for non-compliance of section 9(1B) of the Act. - Decided against assessee.
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