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2018 (7) TMI 1368 - HC - VAT and Sales TaxRecover of sales tax dues - Works Contract - AMNESTY Scheme to settle the liability of the defaulters of tax - purchase of property without any liability after fixing the amount - SARFAESI Act - Held that:- This Court is of the view that the present dilemma can be resolved, if the State is allowed to appropriate the amount towards the sales tax arrears by allowing the Company to settle the liability under the AMNESTY Scheme. It is to be noted that the Company had filed an application though belatedly for such relief. Therefore, treating that matter as settled under the AMNESTY Scheme, the amount due under the AMNESTY Scheme i.e., ₹ 37,11,210/- shall be released by the Bank in favour of Deputy Tahsildar (RR) within three days from today. The Company's request can be safeguarded in I.A.No.1068/2018 by allowing them to set aside the sale provided that the Company pays Rs.Four Crores and One Thousand along with 10% interest from the date of deposit by the auction purchaser till the Company clears the amount of the auction purchaser. However, it is made clear that it has to be done within three months from today. If the Company pays the amount within time, the sale would stand set aside. Petition disposed off.
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