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2018 (3) TMI 1472 - HC - VAT and Sales TaxRecovery of sales tax dues of the period prior to the cut of date fixed by the Board for Industrial and Financial Reconstruction - Held that: - Section 22 of the SICA clearly provides that no proceedings for distress or like against any of the properties of the company and no suit for recovery of money shall lie or be proceeded with except with the consent of the Board or the appellate authority if in respect of that company an inquiry under Section 16 is pending or any scheme referred to under Section 17 is under preparation or a sanction scheme is under implementation. As the request of the petitioner company for waiver/deferment of tax dues in the wake of it being declared sick and the subsequent abandonment of it and the repeal of the SICA is under consideration, there appears to be no justification on part of the respondents to proceed and recover any past tax dues from the petitioner company at this stage. Petition disposed off.
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